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:

Information about us

Clarifi Media Limited is registered in England and Wales under company number 08244450.  Our registered office is at 3rd Floor, 6-8 Bonhill Street, London, EC2A 4BX, United Kingdom.  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 anytime 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  Please note we are under no obligation to update the content and that any of the content on Festyvent may be out of date or incorrect at any given time.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 info@festyvent.com.  

You may not register an account using:

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 trademarks 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:

Contributions mus not:

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:

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:
  1. a contribution breaches the user generated content standards set     out above.

Notice will only be effective if it is sent to takedown@festyvent.com with the subject line: TAKE DOWN REQUEST.  It must include the following information:  

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 orin connection with:

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 Act1990.  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 info@festyvent.com.

 

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 support@festyvent.com.  Formal notice under these terms will only be effective if sent in writing to Clarifi Media Limited, 3rd Floor, 6-8 Bonhill Street, London, EC2A 4BX, United Kingdom.

These terms were last updated on 1st January 2023.  Thank you for using Festyvent.