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Terms of Use Agreement

This agreement is necessary in order for Surface Festival Ltd to provide services where both your rights and the rights of Surface Festival Ltd are established and legally protected.

The agreement is divided into the following sections:

1. DESCRIPTION OF SERVICES
2. CODE OF CONDUCT
3. RULES/VOTING SYSTEM
4. YOUR ACCEPTANCE
5. ELIGIBILITY AND REGISTRATION
6. USER CONTENT AND BEHAVIOUR
7. CONDITIONS OF USE
8. TERM AND TERMINATION OF AGREEMENT
9. PROPRIETARY RIGHTS
10. PRIVACY POLICY
11. COPYRIGHT POLICY
12. LIMITATION OF LIABILITY
13. DISCLAIMER OF WARRANTIES
14. TEXT VOTE TERMS AND CONDITIONS
15. COMPLAINTS
16. ACCEPTANCE OF TERMS

Within these Terms Of Use Agreement, the terms "we", "us", "our", “Surface Festival” and“The Surface Festival”,are to be taken as referring to Surface Festival Ltd.
“Surface Festival Ltd Service” and “Surface Festival Ltd Services” are to be taken as referring to the services Surface Festival Ltd provides to bands, artists, musicians, fans and visitors partaking in and visiting the Surface Festival and the services Surface Festival Ltd provides via our websites surfaceunsigned.co.uk.
“Agreement” is to be taken as referring to this Terms of Use Agreement.
“User” and "you" refers to anybody using services provided by Surface Festival Ltd (i.e. bands/musicians participating in the Surface Festival, fans and visitors to our live events, text vote partakers, and visitors to our website surfaceunsigned.co.uk.
“Content” is to be taken as referring to music, songs, text, data, information, graphic, photographs, audio and video files, links and other materials.
“Website” and “Websites” is to be taken as referring to surfaceunsigned.co.uk.

1. DESCRIPTION OF SERVICES

Surface Festival Ltd runs the Surface Festival, a live music competition based in the UK. Surface Festival Ltd provides a service for those interested or actively involved in performing, creating and/or listening to music and interacting with like-minded individuals. Surface Festival Ltd allows bands and artists to perform in live music events in a competition style manner via the Surface Festival.


The Surface Festival Ltd Services include the surfaceunsigned.co.uk website and all features, applications and content offered by surfaceunsigned.co.uk in connection with the Surface Festival website. The Surface Festival Ltd Services are owned and administered by Surface Festival Ltd of 20 Pool Street, WS1 2EN, United Kingdom.


2. CODE OF CONDUCT

This Code of Conduct constitutes Surface Festival Ltd’s commitment to our customers for the services we provide.

Surface Festival Ltd is committed to maintaining an honest and open relationship with our customers/audiences and we will not intentionally mislead them.

When the public engages with us they will be treated with respect, honesty and fairness. We will handle all competitions and votes with rigorous care and integrity.

Principles for competitions and votes
These key principles apply to Surface Festival competitions and votes which involve bands/musicians, fans, visitors to our live music events and text vote partakers. They apply to interactivity conducted at our live music events, by texts, or any other interactive service.

Surface Festival Ltd undertakes that:

Use of Text Voting Services

The size of the likely response to the competition and votes means that text voting is one of the most suitable ways to enable such a large number of votes to be handled. We will state as clearly as possible how much text votes cost and when competition or voting lines open and close on our website, mailouts, bulletins, posters, banners, on stage at live events, and any other promotional material where text votes numbers are displayed. We will inform the audience clearly on stage when competition or voting lines close.

For all text votes we will comply with the code of practice issued by the independent regulator PhonepayPlus (formerly ICSTIS). We have worked closely with PhonepayPlus (formerly ICSTIS) and have proof, available on request, that we have satisfied all criteria in respect of the text vote terms and condition that we operate.

Text voting terms and conditions can be found here>>

3. RULES/VOTING SYSTEM

The Surface Festival Rules and Voting System is governed by Surface Festival Ltd’s Festival Structure which by this reference is incorporated into this Agreement. To read Surface Festival Ltd’s Festival Structure click here>>

Acceptance of the Surface Festival Rules and Voting System

By entering the Surface Festival you are accepting the rules of the Surface Festival and the voting system. If for any reason you cannot accept these rules and voting system in full then you should not participate in the Surface Festival.

Surface Festival Ltd reserves the right to modify parts of the rules and voting system at any time without prior notice. If we make such modifications we will post the modifications on our website and inform all competition participants (bands/musicians) of the changes via email. If any modification is unacceptable to you, you should stop using the Surface Festival Ltd Services immediately. Continuing to use the Surface Festival Ltd Services after such changes indicates your full acceptance of the modifications.

If a gig is cancelled

In the unlikely event that a gig is cancelled Surface Festival Ltd endeavours to re-schedule the gig to another date. The bands and artists booked for the concerning date will be contacted directly, normally by their respective area managers. In the unlikely event that a gig cannot be re-scheduled the bands and artists booked for the concerning gig will be put through to the next stage of the Surface Festival by default. The bands and artists booked for the concerning date will be contacted directly.

4. YOUR ACCEPTANCE

This Terms of Use Agreement sets out the legally binding terms governing your use of the Surface Festival Ltd Services. By accessing or using the Surface Festival Ltd Services, you (the “User") accept and agree to be bound by this Agreement. If you do not agree with any of the terms and conditions in this Agreement, you should stop using the Surface Festival Ltd Services immediately.

Surface Festival Ltd reserves the right to modify parts of this Agreement at any time without prior notice. If we make such modifications we will post the modifications to the Agreement on this page and insert at the top of the page the date these terms were updated. If any modification is unacceptable to you, you should stop using the Surface Festival Ltd Services immediately. Continuing to use the Surface Festival Ltd Services after such changes indicates your full acceptance of the modifications.

This Agreement includes Surface Festival Ltd rules for acceptable use of the Surface Festival Ltd Services, and your rights, obligations and constraints regarding your use of the Surface Festival Ltd Services and Surface Festival Ltd’s Privacy Policy.

5. ELIGIBILITY AND REGISTRATION

You must be 16 years of age or older to enter as a competitor (band/musician) into the Surface Festival. By registering with the Surface Festival, you represent and warrant that you are 16 years of age or older. You further represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will inform us of any updates to the personal information to keep it accurate and complete; (c) you agree to notify Surface Festival Ltd immediately if you believe that there has been any unauthorised use of your personal details; (d) you will inform Surface Festival Ltd immediately if you no longer wish to participate in the event or have to cancel your gig slot; (e) you accept that the deposit of £50 is non returnable under any circumstances other than that you attend and play at the event and sell 25 tickets in the first round of the Festival; (f) all tickets must be reconciled (paid for) before you go onstage and any unsold tickets returned to the area manager. All tickets remain the property of Surface Festival Ltd. Surface Festival Ltd may refuse, at its sole discretion, to publish a band name that is protected by trademark, impersonates another person, company or organisation, or that is obscene, offensive or otherwise inappropriate. Surface Festival Ltd may delete your application and terminate your involvement in the Surface Festival at any time without warning if you violate any of the terms of this Agreement.

6. USER CONTENT AND BEHAVIOUR

Users are not allowed to use The Surface Festival Ltd Services for any illegal or unauthorised purpose. All Users agree to abide by all relevant local and national laws and regulations pertaining to acceptable behaviour. You, the User, are solely responsible for all music, songs, material, text, data, information, graphic, photographs, audio and video files, links and other materials (hereafter referred to as “Content") that you perform at Surface Festival Ltd events and/or that you submit to Surface Festival Ltd.

Surface Festival Ltd may, but is not obliged to, remove any Content that we consider, at our sole discretion, to be unlawful, infringes any intellectual property or proprietary rights, or that is obscene, offensive or otherwise inappropriate. Surface Festival Ltd is under no obligation to check the accuracy or appropriateness of User content, nor is Surface Festival Ltd under any obligation to monitor the User’s Content and activities within the Surface Festival Ltd Services.

7. CONDITIONS OF USE

Users agree to abide by all applicable local and national laws and are solely responsible for their behaviour at Surface Festival Ltd events and online, and Content performed at Surface Festival Ltd events or submitted to us. The following is a partial list that includes, but is not limited to, the kind of Content and behaviour that is illegal or prohibited in relation to Surface Festival Ltd Services. You agree not to behave in a way or to perform or post Content that, at the sole discretion of Surface Festival Ltd:

Here follows a partial list of activities that are illegal or prohibited through your use of the Surface Festival Ltd Services. Surface Festival Ltd reserves the right to take appropriate legal action against anyone who, at Surface Festival Ltd’s sole discretion, engages in such activities, including reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:

8. TERM AND TERMINATION OF AGREEMENT

This Agreement shall remain in force for as long as you use the Surface Festival Ltd Services. You may terminate your involvement with Surface Festival Ltd at any time. Surface Festival Ltd can terminate your involvement with Surface Festival Ltd at any time without notice. The termination of this Agreement (for whatever reason) shall not terminate any provision hereof which is expressly or by implication provided to come into or continue in force after such termination.

9. PROPRIETARY RIGHTS

Surface Festival Ltd does not claim any ownership rights in any Content that you perform at Surface Festival Ltd events, submit or post to Surface Festival Ltd. After performing, submitting or posting Content you retain all ownership rights in such Content. However, by performing, submitting or posting any Content to Surface Festival Ltd, you hereby grant Surface Festival Ltd a limited licence to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Surface Festival Ltd Services.
Without this limited licence, Surface Festival Ltd would not be able to provide the Surface Festival Ltd Services. For example: without the right to modify your Content, Surface Festival Ltd would not be able to format Content to meet technical requirements to play your live music through the sound system at events. And without the right to publicly perform Content, Surface Festival Ltd would not be able to allow Users (such as visitors to Surface Festival events) to listen to your music. This limited licence is non-exclusive (meaning you retain the right to licence the same Content to anyone else in addition to Surface Festival Ltd); fully paid and royalty-free (meaning that Surface Festival Ltd is not required to pay you or anybody else for the use of your Content on or through the Surface Festival Ltd Services); sub-licensable (so that Surface Festival Ltd can authorise its affiliates and sub-contractors – such as internet and WAP delivery networks – to provide the Surface Festival Ltd Services); and worldwide (because the internet and the Surface Festival Ltd Services can be accessed worldwide). This licence terminates as soon as you ask us to remove your Content from the Surface Festival Ltd Service. This licence does not give Surface Festival Ltd the right to sell your Content, nor does it give Surface Festival Ltd the right to distribute your Content outside the Surface Festival Ltd Services.

You represent and warrant that: (a) you own the Content you perform, submit or post to Surface Festival Ltd or otherwise have the right to grant the licence set forth in this Agreement; and (b) the performing, posting and submitting of your Content through the Surface Festival Ltd Services does not violate the privacy rights, publicity rights, intellectual property rights, copyrights or contract rights of any person. You agree to pay all royalties, fees and other monies found to be owing to any person as a result of any Content posted by you or performed by you on or through the Surface Festival Ltd Services.
In consideration of this, Surface Festival Ltd grants you a limited, revocable, non-sub licensable licence to reproduce and display the Surface Festival Ltd and Surface Festival Ltd Services content (excluding software code) solely for your personal use in connection with viewing and using the Surface Festival Ltd Services.

Surface Festival Ltd and its affiliates and licensors own and retain all rights in the surfaceunsigned.co.uk website and the Surface Festival Ltd Services which contain proprietary and confidential information that is protected by intellectual property and other laws. The Surface Festival Ltd Services contain Content of Users and other Surface Festival Ltd licensors. You are not allowed to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content found on or through the Surface Festival Ltd Services.

10. PRIVACY POLICY

The use of Surface Festival Ltd Services is governed by Surface Festival Ltd Privacy Policy, which by this reference is incorporated into this agreement. To read Surface Festival Ltd’s Privacy Policy click here>>

11. COPYRIGHT POLICY

You may not perform, record, post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Surface Festival Ltd policy to terminate any User’s access to the Surface Festival Ltd Services upon receipt of proper notification to Surface Festival Ltd by the copyright owner or the copyright owner’s legal representative. If you believe that your work has been copied and posted on or performed at the Surface Festival Ltd Services in a way that constitutes copyright infringement, please file a copyright infringement notification notice (Notice) to us. This Notice should include the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the way in which the copyright has been infringed; (c) the location on the surfaceunsigned.co.uk website or the location, date and time of the event  of the alleged infringement; (d) an electronic (scanned) or physical signature of the person authorized to act on behalf of the copyright owner; (e) your address, telephone number, and email address; (f) a written statement by you that you believe in good faith that the alleged use is not authorized by the copyright owner, its agent, or the law; (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the above information with the subject or heading “Copyright Infringement” to Surface Festival Ltd, 20 Pool Street, WS1 2EN, United Kingdom.

12. LIMITATION OF LIABILITY

Your use of the Surface Festival Ltd Services is entirely at your own risk. Under no circumstances will Surface Festival Ltd, its subsidiaries and affiliates, and their respective owners, officers, managers, agents and employees, be liable to you or any third party for any damages, losses or costs arising out of or in connection with the use of the Surface Festival Ltd Services. Exclusion in this clause does not apply to death, personal injury or fraud.

13. DISCLAIMER OF WARRANTIES

Surface Festival Ltd is not responsible for any incorrect or inaccurate Content posted or performed in connection with the Surface Festival Ltd Services, whether posted by Users of the Surface Festival Ltd Services, employees, ex-employees, contractors or by any of the equipment or programming associated with or utilised in the Surface Festival Ltd Services. The Surface Festival Ltd Websites may contain links to other websites. Surface Festival Ltd is not responsible for the content, accuracy, legality or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy by Surface Festival Ltd. Inclusion of any linked website on the Surface Festival Ltd Services does not imply approval or endorsement by Surface Festival Ltd. Surface Festival Ltd accepts no responsibility for third party advertisements which are posted on or through the Surface Festival Ltd Services, nor does it accept any responsibility for the goods or services provided by its advertisers.

Surface Festival Ltd is not responsible for the conduct of any User of the Surface Festival Ltd Services. Surface Festival Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or communication. Surface Festival Ltd is not responsible for any problems or technical malfunction of any sound system, microphone, equipment, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Surface Festival Ltd Services or combination thereof, including any injury, damage, loss or costs to Users or to any person’s computer related to or resulting from participation in Surface Festival Ltd's Services, attending Surface Festival Ltd events or downloading materials in connection with the Surface Festival Ltd Services.


Surface Festival Ltd is not responsible for any loss, costs, damage, including personal injury or death, resulting from use of the Surface Festival Ltd Services, attendance at a Surface Festival Ltd event, from any Content posted on or through the Surface Festival Ltd Services, or from the conduct of any Users of the Surface Festival Ltd Services.


The Surface Festival Ltd Services are provided as available. Surface Festival Ltd cannot and does not guarantee any specific results from use of the Surface Festival Ltd Services. The Disclaimer of Warranties does not affect your right to request to have your details removed from the Surface Festival Ltd Services.

14. TEXT VOTE TERMS AND CONDITIONS

The use of the Surface Festival Text Voting System is governed by Surface Festival Ltd’s Text Voting Terms and Conditions, which by this reference is incorporated into this Agreement. To read Surface Festival Ltd’s Text Voting Terms and Conditions click here>>

15. COMPLAINTS

Your interaction with other Users of the Surface Festival Ltd Services is your sole responsibility. Surface Festival Ltd reserves the right, but is not obliged, to monitor disputes between Users.

If you have a complaint regarding the Surface Festival Ltd Services, you can contact us as follows:

Email: hello@ surfaceunsigned.co.uk
Telephone: 0800 434 6076
Postal Address: Surface Festival Ltd, 20 Pool Street, WS1 2EN, United Kingdom

16. ACCEPTANCE OF TERMS

These Terms of Use will be governed in accordance with the laws of the United Kingdom and constitute the entire agreement between you and Surface Festival Ltd. This Agreement is accepted upon your use of the Surface Festival Ltd Services or Surface Festival Ltd Websites.

Please contact us if you have any questions regarding this Agreement and/or if you have any questions, comments or suggestions.

Email: hello@ surfaceunsigned.co.uk
Telephone: 0800 434 6076
Postal Address: Surface Festival Ltd, 20 Pool Street, WS1 2EN, United Kingdom

For technical problems, contact us on hello@ surfaceunsigned.co.uk.


© Surface Festival 2012 | T: 0800 434 6076 | hello@surfaceunsigned.co.uk | Terms of Use Agreement | Privacy Policy | Text Voting Terms & Conditions
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