Thame Town Music Festival (TTMFest) Website Terms of Service
Welcome to the TTMFest Website. (the "Site", "Service"). These Terms of Service together with TTMFest's Privacy Statement (collectively the "Terms") govern your use of this Site. TTMFest may change the Terms of Service from time to time. Your access to the Site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. TTMFest reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. TTMFest will endeavor, but cannot guarantee, to bring any changes to the Terms to your attention. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with TTMFest or third parties.
License and Site Access
TTMFest grants you a non-exclusive and limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of the Site, except with the express written consent of TTMFest. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use or adaptation of this Site or its contents, in whole or in part; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works or any other adaptation from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to TTMFest that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms.
TTMFest does not grant any license or other authorisation to any user of the Site to the trade marks, registered trade marks, service marks, or any other copyrightable material or other intellectual property, comprised on or within the Site. If you violate any of these Terms, your permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration / enquiry form(s), if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. Each registration / enquiry is for a single user only and TTMFest does not permit you to share your registration details with any other person. If any information provided by you is untrue, inaccurate, not current or incomplete and this has an effect, in TTMFest's sole discretion, on the safety or security of the Site or the other Users of the Site, TTMFest has the right to terminate your access and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You are responsible for providing, at your expense, any access to the Internet and any required equipment.
Conduct. By using the Site you agree that you will not do any of the following:
(a) Restrict or inhibit any other user from using and enjoying the Site; or
(b) Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, country, national or foreign law, including without limitation the United Kingdom export control laws and regulations; or
(c) Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by TTMFest) or engage in spamming or flooding; or
(d) Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
(e) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
(f) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
TTMFest has no obligation to monitor the Site. However, you acknowledge and agree that TTMFest has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. TTMFest will comply with all data protection laws in force in England and Wales and as amended from time to time. TTMFest will not intentionally monitor or disclose any private electronic-mail message unless required by law. TTMFest reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
A breach of this Conduct section may be considered to be a criminal offence under the Computer Misuse Act 1990. TTMFest will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
TTMFest may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). TTMFest does not monitor Feedback, but reserves the right to remove any such information in its sole discretion. If the Site contains Feedback or any other information which you find objectionable or which you believe infringes your rights or applicable law then you should contact us at privacy@ThameTownMusicFestival.org
You agree that TTMFest may, in its sole discretion, use the feedback you provide to TTMFest in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant TTMFest a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works and adaptations from, distribute, publish and display the Feedback in any manner and for any purpose.
Third Party Services
In connection with your use of the Site, you may be made aware of services, products, offers, events, and promotions provided by third parties, and not by TTMFest. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not TTMFest, is responsible for the performance of such Third Party Services
Third Party Web Sites
The Site may contain or reference links to websites operated by third parties ("Third Party Websites"). These links are provided as a convenience only. Such Third Party Websites are not under the control of TTMFest. TTMFest is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. TTMFest does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TTMFest of any information contained in any Third Party Website. In no event will TTMFest be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at User's own risk, and User acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of TTMFest. TTMFest is not responsible for such provisions, and expressly disclaims any liability for them.
Disclaimer of Warranties
Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXCEPT AS EXPRESSLY SET OUT HEREIN, TTMFest, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS") DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES AND OTHER TERMS, WHETHER EXPRESS, IMPLIED, BY STATUTE, COLLATERALLY OR OTHERWISE REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. TTMFest DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR OTHER TERMS RELATING TO THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. TTMFest DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. TTMFest IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability
THE ENTIRE CUMULATIVE LIABILITY OF TTMFest AND ITS SUPPLIERS AND ASSOCIATES, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE AND OTHERWISE FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS AND THE SITE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM TTMFest, ITS AUTHORIsED RESELLER OR ITS SERVICE PROVIDERS, OR £1 IF GREATER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TTMFest AND ITS SUPPLIERS AND ASSOCIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF TTMFest OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TTMFest AND YOU. TTMFest WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
THIS CLAUSE DOES NOT AFFECT THE LIABILITY OF TTMFest FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR ITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Banking, Billing or Other Online Services
Access to Online Banking, Online Payment, and any other services available through the Internet and selected TTMFest products (the "Online Service") is provided by your financial institution and not TTMFest. You agree not to hold TTMFest liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not TTMFest, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.
Information about you and your visits to the Site
Termination and Amendment
Your privilege to use or access the Site may be terminated by TTMFest immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that TTMFest reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that TTMFest may exercise this right in its sole discretion.
TTMFest reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). TTMFest shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold TTMFest and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that TTMFest may have under trade secret, copyright, patent or other laws.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you have any concerns about material which appears on the Site, please contact us.