This Website is a new exciting music platform that is set to revolutionise the music scene by bringing fans, artists, venues and promoters together in one hub, and is, in respect of these Terms & Conditions for access by Users and use by Fans and is operated by Music Planet Live Limited whose registered office is at 198 Shirley Road, Southampton, Hampshire, United Kingdom, SO15 3FL. Music Planet Live Limited can be contacted at email@example.com.
In these Terms & Conditions, the following words shall have the following meanings:
|1.1||"Account"||Means the account created on registration of this Website by a User;|
|1.2||"Artist"||Means a User that has registered his or her details on this Website in accordance with the Artist terms & conditions;|
|1.3||"Content"||Means all photographs, text, comments, internet hyperlinks to music content or video content hosted or stored on any third party website, scripts, information, documents, graphics, digital files, mobile content, sounds, music, or audio-visual files, videos, and interactive features contained on this Website;|
|1.4||"Event"||Means a concert or performance of an Artist [or a general event, concert or performance] organised by a Venue/Promoter at a Venue;|
|1.5||"Fan"||Means a User that has registered his or her details on this Website in accordance with the Fan terms & conditions;|
|1.6||"Intellectual Property Rights"||Mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights), whether existing now or in the future, in any part of the world;|
|1.7||"Interactive Services"||Has the meaning set out in clause 4.7;|
|1.8||"Materials"||Mean any and all photographs, text, comments, or internet hyperlinks to music content or video content hosted or stored on any third party website, Content or other material submitted by the Fan;|
|1.9||"Media"||Means any and all multi media channels, videos, photographs, animations, sound and music contained on this Website;|
|1.10||"Membership"||Means when the Fan gains membership on registration with full access to or use of this Website;|
|1.11||"MPL"||Means Music Planet Live Limited;|
|1.13||"Purchaser"||Means a Fan, Artist or Venue/Promoter that purchases Tickets;|
|1.14||"Rules"||Mean the basic rule to which Users and Fans must adhere, specifically, that all Users, Fans, Artists and Venue/Promoters must treat all other Users, Fans, Artists or Venue/Promoters with respect at all times when accessing and/or using this Website;|
|1.15||"Ticket"||Means a ticket for an Event available for purchase by Fans, Artists and Venues/Promoters;|
|1.16||"Upload"||Means uploading of Materials by Fans onto this Website;|
|1.17||"User"||Means a user accessing this Website via a computer or mobile device. The User?s access to this Website will be limited to viewing Content only. In order to upload Materials to this Website, the User will have to register on this Website to become the Fan. The User may also represent a local organisation or community, in which case the User takes full responsibility for that representation;|
|1.18||"Venue"||Means a venue, including private venues, bars, nightclubs or concert halls, at which Events are hosted;|
|1.19||"Venue/Promoter"||Means a User that has registered his or her details on this Website in accordance with clause 3 below in order to Upload Materials onto this Website; and|
|1.20||"Website"||Means the website with URL www.musicplanetlive.com.|
2.1. These Terms & Conditions are the legally binding Terms & Conditions on the User and the Venue/Promoter in order to gain access to or use of this Website. The User or the Venue/Promoter accessing or using this Website will be bound by the following:
2.1.1. The Terms & Conditions found at www.musicplanetlive.com/page/terms-and-conditions;
2.1.3. The Rules are also incorporated into these Terms & Conditions by reference.
2.2. The Venue/Promoter will be required to accept these Terms & Conditions before the registration process is completed, thereby forming a valid contract with MPL.
2.4. The User may be of any age (or the legal age to accept these Terms & Conditions in the jurisdiction in which the User accesses the Website). Any User under the age of 16 (or the legal age to accept these Terms & Conditions in the jurisdiction from which the User accesses the Website) that wishes to register on this Website to become the Venue/Promoter must have permission from a parent or legal guardian to be able to fully and competently enter into the conditions, obligations, affirmations and warranties set out in these Terms & Conditions. Users must at all times be honest about their age when registering. If it is proved that the User has given false information in order to become a Venue/Promoter, that User will be barred for life from registering as a Venue/Promoter of www.musicplanetlive.com.
2.5. Only Users and Venues/Promoters that are permitted under the laws of the jurisdiction in which they access or use the Website shall be permitted to accept these Terms & Conditions and continue accessing or using this Website.
3. Membership Accounts
3.1. In order to Upload Materials onto this Website, the User will first have to become a Venue/Promoter and create an Account. When registering, the User must provide accurate and complete information. In order to gain full access to or use of this Website a Venue/Promoter will be able to choose a password that the Venue/Promoter will need to enter on this Website along with the Venue?s/Promoter?s username. It is important that a Venue/Promoter keeps the password secure and confidential. MPL will restrict the use of vulgar, inappropriate and offensive user names.
3.2. In order to gain access to such Materials, the User will first have to become a Venue/Promoter, Artist or Fan and create an Account in accordance with these Terms & Conditions, the Artist terms & conditions or the Fan terms & conditions respectively.
3.3. In the event that the Venue/Promoter becomes aware of any unauthorised access to the Venue?s/Promoter?s Account, the Venue/Promoter must notify MPL immediately by sending an e-mail to: firstname.lastname@example.org.
3.4. The Venue/Promoter will be solely accountable to MPL for all activities taking place in connection with the Venue?s/Promoter?s Account.
3.5. The Venue/Promoter will not be entitled to use another Venue?s/Promoter?s Account without permission.
3.7. MPL will not be liable to the Venue/Promoter for any losses incurred by the Venue/Promoter as a result of unauthorised use of the Venue?s/Promoter?s Account. The Venue/Promoter may be liable to MPL for any losses incurred by MPL due to such unauthorised use by the Venue/Promoter.
4. How This Website Operates
4.1. The User may access this Website and view Content only.
4.2. The User may not search Content.
4.3. The Venue/Promoter may access this Website and view Content.
4.4. The Venue/Promoter may search Content by entering a global location.
4.5. The Venue/Promoter will have to log onto this Website in order to use this Website to Upload Materials onto this Website.
4.6. The Venue/Promoter may use this Website to:
4.6.1. Upload Materials onto this Website;
4.6.2. View Materials on this Website;
4.6.3. Update and comment on Materials already Uploaded to this Website;
4.6.4. Interact with Artists and Fans via the Interactive Services;
4.6.5. Edit any interactions with Artists and Fans via the Interactive Services;
4.6.6. Purchase merchandise, CD units and digital content from third party suppliers via this Website; and
4.6.7. Use the MPL calendar function, subject to the Calendar Licence.
4.7. Bulletin Boards, Blogs, Chatrooms & Communication Services. In respect of bulletin boards, blogs, chatrooms and communication services ("Interactive Services"), the following provisions apply to the Venue?s/Promoter?s use of this Website:
4.7.1. MPL may make Interactive Services available on this Website;
4.7.2. MPL is not obliged to monitor or moderate Materials Uploaded in connection with Interactive Services. Materials Uploaded to this Website are moderated in accordance with clause 8.7 and clause 13.1;
4.7.3. MPL may remove or edit any Materials Uploaded to any of the Interactive Services whether they are moderated or not;
4.7.4. Any Materials Uploaded by a Venue/Promoter must comply with the submission standards as set out in clause 4.8.
4.8. Submission Standards. In respect of submission standards relating to Materials Uploaded and the Venue?s/Promoter?s use of the Interactive Services, the following provisions apply to the Venue?s/Promoter?s use of this Website:
4.8.1. Any Materials Uploaded or any communication between the Venue/Promoter and an Artist or Fan via the Interactive Services via this Website must conform to standards of accuracy, decency and lawfulness, which shall be applied at MPL?s sole discretion, such discretion not to be applied unreasonably. In particular, the Venue/Promoter warrants that any Materials Uploaded or any communication between the Venue/Promoter and an Artist or Fan via the Interactive Services via this Website is:
220.127.116.11. The Venue?s/Promoter?s own original work and lawfully submitted;
18.104.22.168. Factually accurate or the Venue?s/Promoter?s own genuinely held belief;
22.214.171.124. Provided with the necessary consent of any relevant third party;
126.96.36.199. Not defamatory or likely to give rise to an allegation of defamation;
188.8.131.52. Not offensive, obscene, sexually explicit, discriminatory or deceptive; or
184.108.40.206. Unlikely to cause offence, embarrassment or annoyance to others.
4.9. Third Party Services. In respect of the Venue?s/Promoter?s purchase of any third party services in accordance with clause 4.6.6 via this Website, the following provisions apply:
4.9.1. The Venue/Promoter acknowledges and agrees that MPL is not a party to any transaction between the Venue/Promoter and any third party service provider;
4.9.2. The Venue/Promoter acknowledges and agrees that MPL is not responsible for the provision of the third party service and the Venue/Promoter engages such third party service entirely at its own risk; and
4.9.3. MPL accepts no liability to the Venue/Promoter whatsoever in respect of any third party service.
4.10. Events. In respect of Events, the following provisions apply:
4.10.1. The Venue/Promoter may create an Event page on this Website and offer for sale to Purchasers Tickets for the Event via this Website.
4.10.2. The Venue/Promoter reserves the right to offer for sale to Purchasers a limited number of Tickets for the Event.
4.10.3. The Venue/Promoter reserves the right to amend without notice the price of the Tickets for the Event. For the avoidance of doubt, the Venue/Promoter reserves the right to offer for sale to Purchasers Tickets for the Event at no cost to the Purchaser.
4.10.4. The Venue/Promoter agrees that it shall:
220.127.116.11. Ensure that all details pertaining to the Event are complete and accurate;
18.104.22.168. Ensure that all details pertaining to the Tickets are complete and accurate;
22.214.171.124. Ensure that any Venue is fit for the Event, and that all relevant health & safety requirements are adhered to in respect of any Venue or Event;
126.96.36.199. Have in place relevant insurance policies in respect of any Venue or Event.
4.10.5. The Venue/Promoter agrees that MPL facilitates the delivery of Tickets to Purchasers in accordance with Clause 4.11.4.
4.10.6. The Venue/Promoter hereby agrees that it is responsible for all Events and accepts any and all liability to Purchasers in respect of Events.
4.10.7. MPL shall make payment to the Venue/Promoter in accordance with the following:
188.8.131.52. The Purchaser shall pay the price of the Ticket, plus any booking fee, plus any additional fees in respect of fees incurred by the Venue/Promoter;
184.108.40.206. Any payment received by MPL from the Purchaser more than 7 days in advance of an Event will be paid to the Venue/Promoter immediately after such Event, less the booking fee.
220.127.116.11. Any payment received by MPL from the Purchaser less than 7 days in advance of an Event will be paid to the Venue/Promoter 7 days after such Event, less the booking fee.
18.104.22.168. MPL will not pay to the Venue/Promoter any payment received by MPL from the Purchaser where the Purchaser has received a refund.
4.11. Tickets. In respect of Tickets, the following provisions apply:
4.11.1. In respect of Tickets purchased [via this Website] the Purchaser acknowledges and agrees that:
22.214.171.124. The Tickets are for personal use only;
126.96.36.199. The Tickets will not be resold or transferred to any third party;
188.8.131.52. The purchase of Tickets may be subject to a booking fee;
184.108.40.206. The purchase of Tickets may be subject to additional fees in respect of fees incurred by the [Venue/Promoter] selling the Tickets;
220.127.116.11. The Tickets may be subject to seat allocation, otherwise Tickets shall be offered for sale on a ?general admission? basis only;
18.104.22.168. The purchase of Tickets may be subject to a maximum number per order per Purchaser;
22.214.171.124. The Venue/Promoter may ask the Purchaser for evidence of the Purchaser?s purchase of the Tickets when attending the Event;
126.96.36.199. The Purchaser shall provide accurate contact information to the Venue/Promoter when purchasing Tickets;
188.8.131.52. A purchase of Tickets is not considered complete until payment of the Ticket price has been made to MPL by the Purchaser;
184.108.40.206. Ticket prices are listed inclusive and exclusive of VAT;
220.127.116.11. Events may be recorded or filmed. Accordingly the Purchaser hereby consents to such recording or filming.
4.11.2. In the event that the Purchaser resells or transfers Tickets to any third party in breach of Clause 18.104.22.168, the Venue/Promoter may cancel the validity of the Tickets without prior notice, refund or liability.
4.11.3. In the event that MPL or the Venue/Promoter discovers an error in the advertised price of any Ticket, and such Ticket has been ordered by a Purchaser, MPL or the Venue/Promoter will use [its/their] reasonable endeavours to inform the Purchaser as soon as is reasonable practicable. For the avoidance of doubt, the Venue/Promoter may:
22.214.171.124. Cancel any such order of Tickets and provide the Purchaser with a full refund of the Ticket price, including any booking fee paid by the Purchaser in accordance with Clause 126.96.36.199 and any additional fees paid by the Purchaser in accordance with Clause 188.8.131.52; or
184.108.40.206. Provide the Purchaser the option of confirming the order for Tickets at the correct Ticket price.
4.11.4. Upon the purchase of Tickets by the Purchaser, Tickets may be dispatched to the Purchaser via e-mail or via [SMS/the MPL App].
4.11.5. Upon the purchase of Tickets by the Purchaser, MPL shall dispatch the Tickets to the Purchaser promptly and in accordance with Clause 4.11.4.
4.11.6. Upon the receipt of the Tickets, the Purchaser agrees to notify MPL or the Venue/Promoter immediately in the event the Tickets are erroneous, or contain any incorrect information. The Purchaser shall provide MPL or the Venue/Promoter with such notification within [24 hours] of the Purchaser?s receipt of the Tickets. For the avoidance of doubt, the Venue/Promoter reserves the right to deny admittance to any Venue any Purchaser which presents a Ticket which is erroneous or contains any incorrect information.
4.12. Ticket Refunds. The Purchaser may seek a refund of the Ticket price subject to the following provisions:
4.12.1. The Purchaser may seek a refund for Tickets up to 7 days before the Event. Any refund provided to the Purchaser will be less the booking fee paid by the Purchaser.
4.12.2. In the event that an Event is cancelled as a result of circumstances outside of the control of MPL:
220.127.116.11. The Purchaser shall receive a full refund of the Ticket price;
18.104.22.168. MPL shall retain any booking fee paid by the Purchaser in accordance with Clause 22.214.171.124;
126.96.36.199. The Purchaser shall receive a full refund of any additional fees in respect of fees incurred by the [Venue/Promoter] in accordance with Clause 188.8.131.52.
4.12.3. For the avoidance of doubt, MPL does not have any control over the cancellation of any Event. In the event that an Event is cancelled, the Purchaser agrees to contact the Venue/Promoter responsible for such Event. MPL does not accept any liability whatsoever in respect of an Event.
5. General Use Of This Website ? Permissions & Restrictions
5.1. MPL grants the User access to and the Venue/Promoter access to and use of this Website provided that the User or the Venue/Promoter agrees that:
5.1.1. The User or the Venue/Promoter acts responsibly in using this Website and treats other Users, Venues/Promoters, Artists and Fans with respect and does not harm any other Users, Venues/Promoters, Artists or Fans or any third party, including minors;
5.1.2. The User or the Venue/Promoter does not alter or modify any part of this Website, including any related technologies;
5.1.3. The User or the Venue/Promoter does not access Content through any unauthorised means or technology;
5.1.4. The User or the Venue/Promoter does not, in connection with this Website, commit any act of Fraud;
5.1.5. The User or the Venue/Promoter does not, in connection with this Website, distribute viruses or malware or other similar harmful software code;
5.1.6. The User or the Venue/Promoter does not to attempt to circumvent password or user authentication methods, including in respect of Accounts;
5.1.7. The Venue/Promoter does not use this Website through any unauthorised means or technology;
5.1.8. The Venue/Promoter does not use this Website to Upload Materials through any unauthorised means or technology;
5.1.9. The Venue/Promoter does not use this Website to promote unsolicited advertising, or "spam";
5.1.10. The Venue/Promoter does not use this Website to promote any unlawful activity;
5.1.11. The Venue/Promoter does not use this Website to simulate communications from MPL or another service or third party entity in order to collect identity information, authentication credentials, or other information, or "phishing";
5.1.12. The Venue/Promoter does not use this Website in any manner that disrupts the operation of this Website, MPL?s business or the website or business of any other third party entity;
5.1.13. The Venue/Promoter does not use this Website to represent or suggest that MPL endorses any other business, product or service unless MPL has separately agreed to do so in writing;
5.1.14. The Venue/Promoter does not use this Website to gain unauthorised access to or use of computers, data, systems, Accounts or networks;
5.1.15. The Venue/Promoter does not exploit this Website by Uploading Materials for any commercial activity, without the prior written authorisation of MPL. Commercial activity includes, but is not limited to:
184.108.40.206. Except as provided for in these Terms & Conditions, sale or access to this Website or its services on another website;
220.127.116.11. Except as provided for in these Terms & Conditions, sale of advertisements on any website targeted to the Materials Uploaded onto this Website or the Content;
18.104.22.168. Such other activities that MPL may specify from time to time.
5.2. For the avoidance of doubt, in respect of clause 5.1.15, commercial activity does not include:
5.2.1. Uploading original Materials to this Website to submit comments on Artists or Fans; or
5.2.2. Uploading original Materials to this Website to submit messages to Artists or Fans;
5.2.3. Any use that MPL expressly authorises in writing.
5.3. The User or the Venue/Promoter must not impersonate another person?s identity or misrepresent the User?s or the Venue?s/Promoter?s own identity or affiliation including using another?s personal details, password, Account name, photo, e-mail address or other such information held as part of the Venue?s/Promoter?s Account.
5.4. The Venue/Promoter must not Upload any copyrighted Materials owned by a third party and all Materials Uploaded by the Venue/Promoter must be original.
6. Use Of Content On This Website
6.1. In addition to these Terms & Conditions, the following restrictions and conditions apply directly to the User and the Venue/Promoter accessing or using Content or this Website, or Uploading Materials on this Website respectively:
6.1.1. MPL owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, except Content arising out of or in connection with Materials uploaded by Venues/Promoters;
6.1.2. The User or the Venue/Promoter will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Content on this Website whatsoever without the prior written consent of MPL, except where the Website is configured to enable a download, whereupon the Venue/Promoter may download one copy to a single computer for home-usage. MPL is not responsible for the websites to which MPL is linked and does not assume any affiliation with any other websites unless otherwise stated;
6.1.3. The Venue/Promoter will be prohibited from downloading, copying, distributing, transmitting, reproducing, broadcasting, displaying, selling, licensing, or otherwise exploiting Materials from this Website, except Materials owned by or licensed to such Venue/Promoter;
6.1.4. The Venue/Promoter will be prohibited from Uploading any Materials that are not original and owned or licensed to the Venue/Promoter for use on this Website;
6.1.5. For the avoidance of doubt, any comments made and Uploaded to this Website by the Venue/Promoter are made in the Venue?s/Promoter?s personal capacity and MPL shall not be liable in anyway whatsoever for the display, broadcast, sale, dissemination, reproduction or exploitation of any such comments.
7. Ownership Of Intellectual Property Rights
7.1. This Website and any and all Intellectual Property Rights are owned by MPL save in respect of any Intellectual Property Rights belonging to any licensor, advertisers, partners, investors, sponsors of this Website or any Venues/Promoters, Artists or Fans.
7.2. The User or the Venue/Promoter may not use MPL?s trade marks, logos or trade names except in accordance with these Terms & Conditions. Where MPL gives permission to use our trade marks, logos or trade names, the User or the Venue/Promoter shall do so only in accordance with our brand guidelines, which are available upon request. Any such request should be made via e-mail to: email@example.com.
8. Use Of Materials Uploaded
8.1. The Venue/Promoter may Upload Materials onto this Website. Once the Venue/Promoter Uploads any Materials to this Website, the Venue/Promoter will retain all ownership in the Intellectual Property Rights in the Content arising out of or in connection with such Materials, provided the Venue/Promoter is the owner of such rights.
8.2. The Venue/Promoter acknowledges, represents and warrants that:
8.2.1. The Venue/Promoter has obtained all necessary licenses, rights, consents, and permissions which are required under law to enable MPL and its successors or assigns to display, broadcast, use, reproduce, prepare derivative works of, perform any and all of the Materials Uploaded by the Venue/Promoter in connection with this Website, in any Media or disseminate or distribute such Materials Uploaded by the Venue/Promoter in connection with this Website.
8.2.2. The Venue/Promoter will be solely responsible for the content of Materials Uploaded to this Website by the Venue/Promoter and for any consequential losses including any loss of profit or loss of business by MPL that may arise from Uploading such Materials by the Venue/Promoter. We shall not be liable to the Venue/Promoter, or person claiming through any Venue/Promoter for any disclosure or exploitation of the Materials being Uploaded onto the Website.
8.3. Prohibited Material. The Venue/Promoter will not Upload or store on this Website any Materials which may violate any third party?s or MPL?s Intellectual Property Rights, which violates the laws of the United Kingdom or which is inaccurate, lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Venue/Promoter will not Upload or store on this Website any Materials which may violate the laws of the country in which the Venue/Promoter accesses or uses this Website or Uploads Materials onto this Website.
8.4. Licence, Representation and Warranty. By Uploading Materials to this Website, the Venue/Promoter hereby grants to MPL an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform any and all of the Materials Uploaded by the Venue/Promoter in connection with this Website, MPL and its successors? business or assigns, including without limitation, for promoting and redistributing part or all of this Website (and derivative works thereof) in any media format and through any Media without any requirement of prior permission from the Venue/Promoter, with or without being attributed to the Venue/Promoter. The Venue/Promoter hereby grants to each Venue/Promoter, Artist or Fan of this Website a non-exclusive licence to access the Materials through this Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of this Website and under these Terms & Conditions or the Artist terms & conditions or the Fan terms & conditions respectively. The foregoing licence granted by the Venue/Promoter will terminate once the Venue/Promoter or MPL removes or deletes Materials or any part thereof from this Website.
8.5. Removal Right. All Materials that are Uploaded by Venues/Promoters are subject to approval by MPL or the moderators of this Website from time to time. Content will be checked by MPL and moderators of this Website on a random basis. The Venue/Promoter expressly agrees that MPL may remove, disable or restrict access to or the availability of any Materials from this Website (including, but not limited to, Materials which the Venue/Promoter has Uploaded or posted or stored) which MPL believes, in good faith and in MPL?s discretion, to violate MPL?s Terms & Conditions. Prohibited Content includes but is not limited to Materials which are:
8.5.1. Patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.5.2. Harasses or advocates harassment of another individual(s);
8.5.3. Exploits people in a sexual or violent manner;
8.5.4. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5.5. Solicits confidential or personal information from anyone under 18;
8.5.6. Publicly posts information that poses or creates a privacy or security risk to any person;
8.5.7. Constitutes or promotes information that the Venue/Promoter knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.5.8. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, instant messaging or "spamming" or "phishing";
8.5.9. Involves the use of MPL?s domain name as a pseudonymous return e-mail address for any communications which the Venue/Promoter transmits from another location or through another person, compromises any right of a third party such as copyright infringement, patent, trademarks, and other proprietary rights, or distributing another?s personal information without their personal permission, or for publicity;
8.5.10. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.5.11. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, theft, child pornography, sexual assault, violating someone's privacy, or providing or creating computer viruses;
8.5.12. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users, Venues/Promoters, Artists or Fans; or
8.5.13. Involves commercial activities and/or sales without prior written consent from MPL.
8.6. MPL is under no obligation to any User or any Venue/Promoter and therefore may refuse to remove any Materials from this Website.
8.7. For the avoidance of doubt, the presence of the moderators of this Website shall not place any obligation on MPL or the moderators to identify Materials that are prohibited in the country in which the Venue/Promoter Uploads Materials or accesses the Website.
9. Termination Right
9.1. The licences granted by the Venue/Promoter in clause 8.4 above, will terminate when the Venue/Promoter removes or deletes Materials from this Website. In the event that the Venue/Promoter elects to terminate the Venue?s/Promoter?s legal agreement with MPL, the above licences granted by the Venue/Promoter in the Materials that are not removed or deleted by the Venue/Promoter prior to the Venue/Promoter closing the Venue?s/Promoter?s Account are perpetual and irrevocable, but are otherwise without prejudice to the Venue?s/Promoter?s ownerships rights.
10. Disclaimer Of Materials
10.1. MPL does not endorse the content of any Materials, opinion, recommendation or advice Uploaded onto this Website by the Venue/Promoter and expressly excludes any and all liability in connection with the Uploading of such Materials by the Venue/Promoter.
11. Limitation Of Liability
11.1. It is MPL?s policy not to tolerate any acts involving the infringement of Intellectual Property Rights or violations of the laws of the United Kingdom or any other applicable laws. MPL will use all reasonable endeavours to remove, disable, or restrict access to or availability of Materials that MPL considers to be subjective and view as infringing. The provisions of clause 7 are intended to implement these Terms & Conditions but do not impose a contractual obligation on MPL to undertake, or refrain from undertaking, any particular course of conduct.
12.1. Under no circumstances shall MPL, its officers, directors, employees, or agents be liable to Users or Venues/Promoters in the event that any Content on this Website Uploaded by any Venue/Promoter is held to infringe any third party?s Intellectual Property Rights.
12.2. MPL, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of any Content or Materials Uploaded by any Venues/Promoters on this Website.
12.3. Under no circumstances will MPL, its officers, directors, employees, or agents be liable for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage.
12.4. Under no circumstances shall MPL, its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website by any third party.
12.5. The Venue/Promoter agrees to indemnify and keep MPL indemnified against any and all claims for infringement of any Intellectual Property Rights brought by a third party as a result of the Venue?s/Promoter?s use of this Website.
13. Complaint Procedures & Disputes
13.1.1. The nature of the right infringed or violated (including the registration numbers of any registered trade marks or patents allegedly infringed), or the user name of the false or inaccurate Account, or the nature of the general complaint;
13.1.2. All facts which lead the User or the Venue/Promoter to believe that a right has been violated or infringed;
13.1.3. The precise location where any related offending Materials are located;
13.1.4. Any grounds on which the User or the Venue/Promoter believes that the Venue/Promoter that Uploaded the Materials was not authorised to do so or did not have a valid defence (including the defence of fair use); and
13.1.5. If known, the identity of the person or persons who Uploaded the infringing or offending Materials.
13.2. MPL reserves the right, but has no obligation to remove any Materials except where MPL is obligated under the law and reserves the right to remove any Materials, whenever, and for no reason whatsoever.
13.3. MPL will try to resolve any dispute between MPL and the User or Venue/Promoter quickly and efficiently. If the dispute cannot be resolved using MPL?s complaint handling procedure, MPL will:
13.3.1. Inform the User or the Venue/Promoter that the complaint cannot be resolved internally;
13.3.2. Inform the User or the Venue/Promoter of any relevant information required by law about MPL?s alternative dispute resolution provider.
14.1. Subject to clause 12.5 and clause 12.6, the Venue/Promoter agrees to defend, indemnify and hold harmless MPL, its officers, directors, employees, and agents from and against all claims which may be asserted against MPL, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
14.1.1. The Venue?s/Promoter?s use of this Website; and
14.1.2. The Venue?s/Promoter?s violations of these Terms & Conditions.
15. Data Protection & Confidentiality
15.1. MPL has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
16. Links & Third Party Websites
16.1. This Website provides links to other third party sites on the internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of MPL, and by continuing to access or use this Website the User or the Venue/Promoter acknowledges and agrees that MPL is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by MPL or any association with their operators.
16.2. By using a third party website, the User or the Venue/Promoter expressly relieves MPL of any and all liabilities arising from such use.
16.3. The User or the Venue/Promoter acknowledges and agrees that MPL is not responsible for the availability of any third party websites. Furthermore, MPL does not endorse any advertising, products or other materials available from any third party websites.
16.4. The User or the Venue/Promoter acknowledges and agrees that MPL is not liable for any loss or damage which may be incurred by Users or Venues/Promoters as a result of the availability of any third party websites, or as a result of any reliance placed by Users or Venues/Promoters on the completeness or accuracy of any advertising, products or other materials available from any third party websites.
16.5. The Venue/Promoter may create a link to this Website from another third party website without MPL?s prior written consent provided no such link:
16.5.1. Creates a frame or any other browser or border environment around the content of this Website;
16.5.2. Implies that MPL endorses any third party products or services or any of the products or services of, or available through, the website on which the Venue/Promoter places a link to this Website;
16.5.3. Displays any of the trade marks or logos used on this Website without MPL?s permission or that of the owner of such trade marks or logos; or
16.5.4. Is placed on a website that itself does not meet the acceptable use requirements of these Terms & Conditions.
16.6. For the avoidance of doubt, MPL reserves the right to require the Venue/Promoter to immediately remove any link to this Website that may have been created by the Venue/Promoter on another third party website at any time, and the Venue/Promoter agrees to immediately comply with any request by MPL to remove any such link.
17. Website Availability
17.1. MPL will endeavour to have this Website running efficiently and accessible at all times. However, Users or Venues/Promoters will be notified on the homepage of this Website of any times when the Website may be unavailable due to scheduled maintenance work.
17.2. MPL will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
17.3. Neither MPL nor any other party has control over the internet which is a global decentralised network of computer systems. Interruptions to this Website?s availability may occur due to causes beyond the control of MPL, such as system malfunction or failures of third parties. In these circumstances, MPL will use its reasonable endeavours to restore the service as soon as reasonably practicable.
18.1. These Terms & Conditions will apply until terminated by either the Venue/Promoter or MPL in accordance with clauses 18.2 or 18.3 below.
18.2. In the event that the Venue/Promoter wishes to terminate the legal agreement with MPL, the Venue/Promoter may do so at any time by notifying MPL and closing the Venue?s/Promoter?s Account. The Venue?s/Promoter?s notice should be sent via e-mail to firstname.lastname@example.org.
18.3. MPL may terminate its legal agreement with the Venue/Promoter immediately if:
18.3.2. MPL is required to do so by law;
18.3.3. MPL elects to terminate access to this Website to Venues/Promoters situated in the country in which the Venue/Promoter is resident or from which the Venue/Promoter wishes to access this Website;
18.3.4. The Venue/Promoter Uploads any unlawful or offensive Materials or any Materials containing any libellous statements;
18.3.5. The Venue/Promoter is found to be manipulating this Website by carrying out activities including, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
18.3.6. The Venue/Promoter attempts to harvest personal information located on this Website;
18.3.7. The Venue/Promoter uses the Website for non-agreed commercial purposes;
18.3.8. The Venue/Promoter exhibits any other unreasonable behaviour that threatens this website; or
18.3.9. The Venue/Promoter requests to be de-registered.
18.4. For the avoidance of doubt, termination in accordance with clause 18.3.1, by MPL may result in legal action being brought against the Venue/Promoter.
18.5. For the avoidance of doubt, if the Venue/Promoter de-registers in accordance with clause 18.3.9, MPL, its directors, staff or, agents will not be responsible for the accuracy of any Materials Uploaded to this Website by the Venue/Promoter which remain on this Website.
18.6. Upon termination, all of the legal rights, obligations and liabilities that the Venue/Promoter and MPL have been subject to which are expressed to continue indefinitely, shall be unaffected by termination. Furthermore, the provisions of clause 13.1 shall continue to apply to such rights, obligations and liabilities indefinitely and reported to the local law enforcement agencies, if necessary.
19. Website Disclaimer
19.1. MPL makes no representations that Materials on this Website are appropriate in locations outside of the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Users and Venues/Promoters of this Website who choose to access or use this Website from other locations will be doing so on their own initiative and will be responsible for compliance with domestic laws.
19.2. MPL disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement. This Website is made available to Users or Venues/Promoters "as is" without any warranties whatsoever about the nature, accuracy (either when posted or as a result of the passage of time) of any Materials on this Website.
19.3. MPL shall not be responsible for any comments made by Venues/Promoters, Artists or Fans on this Website, whether general or specific, and the Venue/Promoter agrees to indemnify MPL in accordance with clause 12.6 and clause 14.1 in respect of any actions or claims against MPL arising in accordance with this clause.
20. Entire Agreement & Severability
20.2. If any clause of these Terms & Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the User or the Venue/Promoter breaches these Terms & Conditions and MPL takes no action against the User or the Venue/Promoter, MPL will not be considered to have given up its rights to pursue in relation to the alleged or actual breach according to these Terms & Conditions.
21. Force Majeure
21.1. MPL shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
21.1.1. Acts of God such as fire, flood, earthquake, storm, hurricane, or other natural disaster;
21.1.2. War, invasion, act of foreign enemies, hostilities, (Whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
21.1.3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of any third party utility service.
22.1. These Terms & Conditions shall be governed by the laws of England and Wales and the User or the Venue/Promoter agrees to submit to the exclusive jurisdiction of the English courts. The User or the Venue/Promoter accepts that nothing in this clause shall prevent MPL from seeking and enforcing any injunctive relief in any country where the Website is accessible to prevent any infringement of any laws or rules in such countries.