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TERMS OF USE
Effective date: 22 August 2017

1. Welcome to Tourheat!

1.1. This website is owned and operated by Audiosmiths Limited. Our company information is shown here.

1.2. Please read these terms of use carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms. Please consider printing or saving this document for future reference as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that it will remain accessible on our website in future.

1.3. These terms apply to all Users. The Addendum contains additional terms that apply only to Profile Holders and Advertisers. In the event of any conflict, the Addendum takes priority.

1.4. This document is currently available in the English language only.

2. Definitions

2.1. Capitalised expressions have the following meanings in these terms:

a) “Advertisement” - any promotional notice on our Service of any kind such as a banner or large rectangle.

b) “Advertiser” - a User who places an Advertisement on our Service (not restricted to Users who register with us using an advertiser account).

c) “Consumer” - a natural person acting outside his or her trade, business or profession.

d) “Content” - all information of whatever kind (including Profiles, images, photos, videos, audios, news articles, event backstage articles, comments, Advertisements), published, stored or sent on or in connection with our Service.

e) “Profile” – a collection of pages on our website representing an artist, festival, promoter or venue.

f) “Profile Account” – an account type that includes a Profile.

g) “Profile Holder” – a User who is registered with us using a Profile Account.

h) “Service” – our website, our apps, the services we offer by means of those assets and any related software and services.

i) “User” - a person who uses our Service (whether or not registered with us) including Advertisers.

j) “View” - an instance of a Profile page being served.

3. Changes to the terms of use

3.1. We may change this agreement by posting the revised version here at least 14 days before it becomes effective. Please check this page from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Use of our Service

4.1. We grant Users a limited personal right to use our Service subject to these terms.

4.2. You are not eligible for, and must not use or register on, our Service if:

a) you are below 13 years of age; or

b) use of any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).

4.3. Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

4.4. We are entitled to reject any account application in our absolute discretion and without giving reasons.

4.5. You agree that you will not in connection with the Service:

a) breach any applicable law, regulation or code of conduct or infringe any intellectual property or other rights of others;

b) publish or send any Content (including links or references to other content), or otherwise behave in a manner which is threatening, harassing, defamatory, offensive, hateful, discriminatory, obscene, sexually explicit, abusive or deceptive or which involves phishing or scamming or which we otherwise consider to be inappropriate;

c) publish or send any Content that involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of that person;

d) publish or send any instructions, advice or other information that could, if acted upon, cause illness, injury or death, or any other loss or damage;

e) publish or send any Content linking to any third party sites that are illegal or contain inappropriate Content;

f) publish or send any malware or other potentially harmful or destructive Content;

g) publish or send any Content that is the subject of any threatened or actual legal proceedings or other similar complaint;

h) sell access to the Service;

i) sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorised by us;

j) use the Service for junk mail, or for pyramid or other fraudulent schemes;

k) use spamdexing methods to promote a Profile or any other part of the Service;

l) do anything that may have the effect of disrupting the Service or otherwise negatively affecting other Users’ enjoyment of the Service;

m) circumvent, enumerate or otherwise interfere with any security related features of the Service or features that restrict use of Content;

n) gain unauthorised access to any part of the Service or equipment used to provide the Service;

o) use any automated means to interact with our systems excluding public search engines; or

p) attempt, encourage or assist any of the above.

4.6. You must adhere to any guidelines or requirements shown on or accompanying the Service.

4.7. You must promptly comply with any reasonable request or instruction by us in connection with the Service.

4.8. By using our Google Maps API implementation, you are agreeing to be bound by Google's Terms of Service.

4.9. You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period.

4.10. We are entitled at any time to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.

4.11. We are entitled at any time to remove, or change the source of, some or all of the maps displayed on the Service and/or discontinue any opt-in email or notification service.

5. Your Content

5.1. You are responsible for your Content.

5.2. You must ensure that your Content (including Content supplied to us and Content displayed on our Service) is accurate and not misleading and you will update it so that it remains so.

5.3. You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms.

5.4. If you use any features on our site that enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.

5.5. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches these terms, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

5.6. We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

5.7. We reserve the right to rename your account (including any publicly-displayed names and the Uniform Resource Identifier of your Profile if applicable), for example by adding a geographic reference to resolve a conflict with a similarly-named account.

5.8. Fan accounts are for Consumers only and must not be used for any promotional purposes. You must not hold more than one fan account.

5.9. It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

5.10. We reserve the right to place Advertisements including links adjacent to or within your Content. We retain all revenue from such Advertisements.

5.11. Links to external sites: We reserve the right to add affiliate information to any such links posted by you. In addition, we reserve the right to add links, possibly with affiliate information, to any Profile areas provided for links, subsidiary to (below and/or to the right of) any User-posted links. We will not intentionally overwrite or delete affiliate information in links posted by a User on their Profile provided the affiliate is that Profile Holder and not a third party.

5.12. You acknowledge that, due to caching, any additions, edits or deletions you make to your Content might not take effect immediately.

5.13. We reserve the right without notice to irretrievably delete your Content following cancellation of this agreement or if you have not logged in to your account for six months.

6. Content of other Users

6.1. You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any Content. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.

6.2. You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately as follows: If such an issue relates to a comment under an article on your Profile, use the built-in facility to delete the comment; otherwise, complete and submit our complaint form, which is accessed by clicking on the flag icon relating to the Content. For Profile and article Content, including any Advertisements on those pages, the flag icon is in the footer of each page. For fan thumbnails and names, the flag icon is accessible by clicking on the user’s name. Otherwise, flag icons are adjacent to the Content. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint. You should consider seeking appropriate external help, for example from law enforcement authorities. If you continue to suffer problems, or are dissatisfied, then you must stop using the Service.

6.3. We do not verify Content supplied by Users. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Content or in connection with any consequent communications or transactions with third parties (e.g. relating to events or merchandise).

6.4. If you respond to any User-supplied Content, please note that any consequent contract for sale or other transaction is between you and the third party concerned (such third party may be the aforementioned User or another party). You acknowledge that any legal recourse in connection with such transactions is against that third party and not us. Please direct any queries or complaints to the third party.

7. Guidance on our site

7.1. Any guidance or similar information that we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

8. Security

8.1. Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault). You acknowledge that you may not always be able to log in to your account and that at such times you may not be able to discern the status of your account.

9. Suspension / cancellation

9.1. You may at any time cancel this agreement by deleting your account. A request for cancellation under this clause does not give rise to any refund.

9.2. This agreement is automatically cancelled on expiration of any free trial or subscription without renewal.

9.3. We are entitled at any time to cancel this agreement without cause by giving you email notice. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.

9.4. We are entitled at any time cancel this agreement without refund if we terminate our Service as a whole by giving you email notice.

9.5. We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service to you if we have reason to believe that you have breached these terms or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. Such a case does not give rise to any refund.

9.6. Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement that are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

9.7. We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.

10. Functioning of our Service

10.1. We do not guarantee that the Service will be uninterrupted or error-free.

10.2. We are entitled, without notice and without liability, to suspend the Service or parts thereof for update, repair, maintenance or other technical reason.

11. No warranty

11.1. Our apps are provided “as is” without warranty of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You are solely responsible for all costs arising out of any defects in the apps, including those incurred from rectification or repair.

12. Liability

12.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited.

12.2. You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

12.3. Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

b) such loss or damage was not reasonably foreseeable by both parties;

c) such loss or damage is caused by you, for example by not complying with this agreement; or

d) such loss or damage relates to a business.

12.4. Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

12.5. The following clauses apply only if you are not a Consumer:

a) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.

b) Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.

c) In no event (including our own negligence) will we be liable for any:

i) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

ii) interruption of business;

iii) loss of goodwill or reputation;

iv) special, indirect or consequential losses; or

v) damage to or loss of data

(even if we have been advised of the possibility of such losses).

d) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

e) This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13. Intellectual property rights

13.1. All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of other parties. For the purposes of your personal use only, you may:

a) view and use our site in a web browser (including any web browsing capability built into other types of software);

b) download any part of our site for caching;

c) save pages from our site for later and/or offline viewing;

d) print pages from our site;

e) share pages from our site on social media;

f) stream audio and video files from our site; and

g) use our notification services including by means of our apps,

subject to the other provisions of these terms.

Except as stated in clause 13.2 of this agreement: You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

13.2. Intellectual property not owned by us or Users: Unless stated otherwise in these terms, we do not endorse and are not affiliated with any of the owners of any such property and as such we cannot grant any permission in respect of that property.

13.3. For the avoidance of doubt you may not collect, scrape, harvest, inline-link to or frame any Content on our Service without our specific prior written consent.

13.4. If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content to the extent expressly permitted by these terms.

14. Privacy

14.1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy, which is subject to change from time to time.

15. Third party sites

15.1. We may link to third party sites that may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services they offer. You use such third party sites at your own risk.

16. “Act of God”

16.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

17. Transfer

17.1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

18. English law

18.1. These terms shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

19. General

19.1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision that as far as possible achieves the same thing and the rest of the agreement will continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

20. Feedback, suggestions and complaints

20.1. We always appreciate your feedback and suggestions about Tourheat. You understand that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them.

20.2. If you have any feedback, suggestions or complaints, please contact us.

21. Company information

21.1. Company name: Audiosmiths Limited

21.2. Country of incorporation: England and Wales

21.3. Registered number: 06498671

21.4. Registered office: 20-22 Wenlock Road, London N1 7GU

21.5. Contact information: See here

21.6. VAT number: 119 1962 07

ADDENDUM APPLICABLE ONLY TO PROFILE HOLDERS AND ADVERTISERS

22. Your Content

22.1. We do not guarantee that your Content will generate any particular response or revenue. We do not guarantee that demand for events shown on our Service will translate into any particular attendance at such events.

22.2. You may only use any contact information supplied by Users in response to Content strictly in accordance with applicable data protection and other laws.

22.3. You agree that, in connection with the supply of any goods and/or services shown on or linked or otherwise referred from your Content, you will act in accordance with the highest standards that can reasonably be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct.

22.4. You must ensure that your Advertisements follow the Committee on Advertising Practice UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code).