Website Terms of Use

Learn more here about the website Terms of Use

These Terms of Use (together with the documents referred to in them) set out the Terms of Use on which you may make use of our website www.noisefestival.com (the “Website”), whether as a guest or a registered user. References to “user” in these Terms of Use are to users of our Website. Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please do not use our Website.

Information about us 

The Website is operated by Noise Festival Limited (“Noise”, "we” or “us”).  We are registered in England and Wales under company number 05303234. Our registered office is at Chittenden Horley, 456, Chester Road, Manchester, M16 9HD and our trading office is at PO Box 4106, Manchester, M60 1WW. Our registered charity number is 1107181.

Access to our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

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 such information as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms of Use.

You are also responsible for ensuring that all persons who access our Website using your identification details are aware of these Terms of Use, and that they comply with them.  

Members

We may restrict access to certain parts of our Website to users who have registered with us as members. If you are under the age of 16, you must get permission from your parent or guardian to register as a member, as set out on the Website. Certain services are only available to Members who are over the age of 18, as set out on our Website.

Your use of our Website

You may use our Website only for lawful purposes. You may not use our Website:

(a)in any way that breaches any applicable local, national or international law or regulation;

(b)in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(c)for the purpose of harming or attempting to harm minors in any way;

(d)to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;

(e)to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(f)to knowingly transmit any data, send or upload any material that contains, or otherwise introduces any viruses, Trojan horses, worm, logic or time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of computer software or hardware;

(g)to gain, or attempt to gain, unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected with our Website;

(h)to attack our Website via a denial-of-service attach for a distributed denial-of-service attack.

You also agree not to access without authority, interfere with, damage or disrupt:

(a)any part of our Website;

(b)any equipment or network on which our Website is stored; 

(c)any software used in the provision of our Website; or 

(d)any equipment or network or software owned or used by any third party.

User Content and Interaction

Users who have registered as a member on our Website are able to upload, transmit, submit, transfer, download, access or otherwise make available documents, materials in any form (including without limitation prints, photographs, artwork, design, graphics), audio and visual material in any form (including but not limited to videos and sound recordings), and comments, review and feedback. Users of the Website who have not registered as a member on our Website can post or submit comments, review and feedback on the Website but cannot create a profile or upload, transmit, submit, transfer, download or access any documents, materials or other content. All such content submitted, uploaded or published to or via the Website by users of the Website shall be referred to as “User Content”.   

All User Content uploaded, submitted or published to or via the Website is required to comply with the content standards set out below. 

All User Content will be considered non-confidential and you hereby acknowledge that by uploading such User Content to our Website, such information will be publicly available on our Website. 

You hereby grant to us a non exclusive, worldwide, royalty-free, fully-paid, transferable, perpetual, licence (with a right to sublicense) to host, cache, copy, display, transmit, upload, transfer, download and distribute User Content uploaded or submitted by you to our Website in connection with the Website. 

All User Content published, uploaded or otherwise distributed by users via our Website is required to comply with the following content standards:

(a)users must only publish, upload or otherwise distribute User Content on our Website which they own or have permission to use;

(b)users must obtain all necessary licences, permissions and consents required  to publish, upload or otherwise distribute their User Content via the Website;

(c)users must not publish, post, upload, submit, link to or otherwise distribute or transmit any User Content that: 

                                        (i)infringes or would infringe any third party intellectual property rights or any rights to
                                         privacy; 

                                        (ii)does not comply with any applicable law, regulation or code of practice or which
                                          advocates or incites illegal activity; 

                                        (iii)the user does not have the necessary rights, consents and permissions to do so; 

                                        (iv)is used to impersonate, or to misrepresent the user’s identity or affiliation with any
                                        person;

                                        (v)is likely to deceive or mislead any person;

                                        (vi)is untrue, or promotes, solicits or contains abusive, defamatory, violent, harassing,
                                        indecent, obscene, pornographic, threatening, vulgar or otherwise inappropriate,
                                        objectionable or unlawful material, or which is harmful to minors;

                                        (vii)contains corrupted files, time bombs, Trojan horses, viruses, worms or any other
                                         technologically harmful data, programs or software; or

                                        (viii)is made in breach of any legal duty owed to a third party, such as a contractual
                                        duty or a duty of confidence.

(d)all User Content must:

                                       (i)be accurate (especially where stating facts or attributing opinions);

                                       (ii)be honest;

                                       (iii)comply with applicable law in the UK and in any country from which it is posted.

It is your responsibility to ensure that all User Content you submit to the Website complies with the above content standards.

We reserve the right to remove any User Content without notice if we receive notice that, or if in our opinion, such User Content does not comply with content standards set out above.

We also have the right to disclose a user’s identity to any third party who claims that any User Content uploaded, submitted or published by that user is unlawful, untrue or defamatory, or constitutes a violation of their intellectual property rights, or of their right to privacy, or is in breach of any legal duty owed to that third party.  

By uploading or otherwise making available any User Content to or via our Website, you agree that you will provide to us at our request all information and assistance that may be reasonably necessary, including but not limited to providing documents or correspondence (where available), in connection with any complaint received, or claim or proceedings brought by, a third party in respect of such User Content. We may also disclose your identity and/or any User Content that you have uploaded, submitted or published via our Website or any part thereof to any legal, regulatory or other administrative body of competent jurisdiction in connection with any such complaint, claim or proceeding. 

You have sole responsibility for the legality, reliability, integrity, accuracy, completeness and quality of User Content that you have uploaded, submitted or published via our Website. Noise has no responsibility or liability for the legality, reliability, integrity, accuracy, completeness or quality of any User Content. 

If we incur any costs or expenses (including legal fees) or suffer any loss or damage because User Content which you have submitted, uploaded or published via the Website breaches any of the content standards set out above, you will reimburse such costs and expenses and compensate us for the full value of any damage or loss we suffer.

You are responsible for making and keeping back-up copies of all User Content uploaded or otherwise used or accessed by you in using the Website. We recommend that you do not upload original copies of any documents or materials and that you ensure that you have a copy of all such documents and materials that you submit or upload to the Website. 

To the fullest extent permitted by applicable law, Noise shall not be responsible or liable for any loss, deletion or corruption of any User Content which is submitted or uploaded to the Website which may arise out of or in connection with your access to or use of the Website.

No Liability for User Content 

Noise does not monitor, screen, verify or endorse User Content. To the fullest extent permitted by applicable law, Noise shall not be responsible or liable for any User Content, including without limitation any: 

(a)User Content that is uploaded, transmitted, sent, received or held by you in connection with the Website, or otherwise connected in any respect to your use of the Website; 

(b)access to or alteration of User Content by you or any third party; 

(c)User Content which is defamatory, illegal, obscene, offensive or threatening; 

(d)User Content which infringes any third party rights, including without limitation any intellectual property rights, rights of confidentiality or rights to privacy;

(e)User Content which does not comply with any applicable law, regulation or code of practice or which advocates or incites illegal activity; or

(f)User Content which contains corrupted files, time bombs, Trojan horses, viruses, worms or any other technologically harmful data, programs or software.

We reserve the right to remove from the Website without notice any User Content if we receive notice that, or if in our opinion, any such User Content does not comply with the content standards set out above.

All feedback, reviews and comments from users or members of our Website are the opinions of those users or members.  We do not monitor the content of all feedback, reviews and comments posted on our Website by users and/or our members. We do not endorse or support the comments or opinions expressed by any users or members of our Website in any User Content, nor represent or guarantee the completeness, truthfulness, accuracy or reliability of any User Content. We shall not be liable for any loss or damage suffered or incurred as a result of any errors or inaccuracies in any User Content and we expressly disclaim any and all liability arising in connection with the content of User Content.

Noise shall not be responsible or liable for:

(a)any failure to upload, store or transmit any User Content by you; or

(b)any failure to receive transmission of, download, view or access, any User Content; or 

(c)the security or confidentiality of any of User Content uploaded, stored or transmitted by you in connection with your use of the Website. 

You acknowledge that any reliance by you upon any User Content shall be at your sole risk and that Noise shall not be liable for any loss or damage you may suffer as a result of your use of or reliance upon any User Content. Any User Content made available by any third party in connection with the Website represents solely the views of such third party and does not represent the views of Noise.

Reporting inappropriate or unlawful content

If you believe any User Content on our Website does not comply with the content standards set out above in these Terms of Use or otherwise causes concern, please notify us of such material by:

Email to: info@noisefestival.com; or

Post to: NOISE Festival Ltd
                  PO BOX 4106
                  Manchester
                  M60 1WW

If you are an intellectual property rights owner and consider that any User Content infringes your intellectual property rights, please:

(a)identify the work which you believe to be infringed;

(b)identify the material which you believe infringes that work in order to allow us to locate the allegedly infringing material;

(c)include your contact details; and

(d)confirm that you have not authorised the use of the content in the manner complained of.

Upon receipt of such notification, we will review such User Content and shall decide in our sole discretion whether the said User Content fails to comply with the content standards set out above. We reserve the right to remove any User Content which we consider in our sole discretion fails to comply with the content standards set out above.

Advertisements for jobs

Details of job vacancies for a third party may be advertised or featured in the “Jobs” section of the Website. Applications or enquiries relating to any job vacancies listed in the “Jobs” section of the Website should be directed to the relevant company indicated on the advertisement or listing. Noise shall not be liable for any errors or inaccuracies in the content or details of any job vacancy of a third party which is advertised on the Website.

Intellectual property rights in our Website

We are the owner or the licensee of all intellectual property rights on our Website and its content, other than User Content, which is licensed to us by the user who has posted or submitted such User Content to the Website. 

You may print off and download extracts from our Website, other than User Content (which you may only use with the relevant creator’s consent) for your own personal non-commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright, trade mark notification or other proprietary notices from such extracts.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from Noise or our licensors.

If you print off, copy or download any part of our Website or its content in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials or information by any visitor to our Website, or by anyone who may be informed of any of its contents.

You acknowledge that you have not relied on any statement, promise, warranty or representation made or given by or on behalf of us which is not set out in these Terms of Use, or any documents referred to in them. Nothing in this condition shall exclude or limit any liability for fraud or fraudulent misrepresentation.

Our liability

This Website and the User Content contained on it are provided "as is" without any representation or endorsement made and without warranty, representation, condition or assurance of any kind whether express or implied (including without limitation that the Website will be available, uninterrupted or error free).  

To the extent permitted by law, we hereby expressly exclude any liability for:

(a)any loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website;

(b)the content of any User Content on our Website;

(c)any websites linked to our Website and any materials posted on it; and 

(d)any loss of any business of yours, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Suspension and termination

If we determine that you have breached these Terms of Use, we may take such action as we deem appropriate, including but not limited to taking all or any of the following actions:

(a)immediate, temporary or permanent withdrawal of your right to use our Website;

(b)immediate, temporary or permanent removal of any User Content uploaded by you to our Website;

(c)issue of a warning to you;

(d)legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of these Terms of Use;

(e)further legal action against you;

(f)disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms of Use.  The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. 

You must not establish a link from any website that is not owned by you. 

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. 

The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Website other than that set out above, please address your request to info@noisefestival.com

Transactions concluded through or via our Website 

Where Noise itself offers products for sale on the Shop page of the Website, the supply of any such products to you is governed by our Terms and Conditions of Sale .
However, where individual members of the Website offer any of their work for sale on the Website and you wish to purchase any such work, you will be re-directed to a third party website which is not operated or controlled by Noise (a “Third Party Website”). 

The sale and distribution of any member’s work to you via the Third Party Website and the associated payment by you for such work shall be handled by the operator of the Third Party Website and shall be subject to and governed by the terms and conditions as may be imposed by the relevant operator of the Third Party Website from time to time. You should read these third party terms and conditions carefully and make sure that you understand them before you proceed to purchase any work from an individual member of the Website. 

Noise shall not be responsible or liable for any loss or damage that you may suffer arising out of or in connection with the purchase and/or distribution of any work offered for sale by individual members of the Website via the Third Party Website.

Viruses, hacking and other offences

You must not misuse our Website 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 our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. 

By breaching the above provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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 any such breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect or affect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted or otherwise made available on it, or on any website linked to it.

Links from our Website

Where our Website 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of such sites and resources is subject to the terms and conditions applicable to and displayed on such sites. 

In particular, where you wish to purchase any work advertised for sale on the Website by individual members of our Website (ie. any products which are not offered for sale by Noise itself), you will be re-directed to a Third Party Website which will handle the sale; please refer to the section above in relation to the third party terms and conditions that will apply to the purchase and distribution of any member’s work. 

Use of personal information 

We will use any personal information we may collect from you in connection with this Website in accordance with our Privacy Policy.  You acknowledge that you have accessed and read the Privacy Policy and agree to the terms set out in it.

Jurisdiction and applicable law

These Terms of Use are governed by English law. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that may arise out of or in connection with these Terms of Use. Where you are resident in Scotland or Northern Ireland you may seek redress in the courts of Scotland or Northern Ireland as applicable under the laws that apply in that country.

Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

 

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