Terms
CompareTheMoshpit.com
Website Terms of Use
Last updated: 1st February 2010
1
INTRODUCTION
1.1
These terms of use (together with any
documents referred to below) set out the way in which you may use the
CompareThMoshpit.com website at
http://www.comparethemoshpit.com and any related domains (the “Site”), whether as a visitor
to the Site or as a registered user. Please read these terms of use carefully
before you start to use the Site. By using the Site, you accept these terms of
use and agree to abide by them. If you do not agree to these terms of use,
please refrain from using the Site.
1.2
We may, at our sole discretion, make changes
to these terms of use at any time. If we do this, we will post the changes on
this page. In certain circumstances,
we may send an email to registered users notifying them of the change. You
should, however, check this page from time to time to take notice of any
changes.
1.3
If you find any change to these terms of use
unacceptable, you should stop using the Site immediately. If you continue to use
the Site following a new set of terms being posted on the Site, you will be
deemed to have accepted such new terms of use.
2
ACCESSING THE SITE
2.1
Access to the Site is permitted on a temporary
basis, and we reserve the right to withdraw or amend the services we provide on
the Site without notice. We will not be liable if, for any reason, the Site is
unavailable at any time or for any period.
2.2
By registering as a user on the Site, you
represent and warrant that you are 16 or over and that you have the capacity to
understand, agree to and comply with these terms of use.
2.3
From time to time, we may restrict access to
some parts of the Site, or the entire Site.
2.4
You are responsible for making all
arrangements necessary for you to have access to the Site and any charges
associated with such access. We shall not be responsible for any connection or
access to the Site by you, or the quality of the transmission of any information
passing between you and the Site.
2.5
The Site is maintained, controlled and
operated by us from the United Kingdom and we make no representation that any of
the content on it is appropriate or available for use in other territories. If
you use the Site from outside the United Kingdom, you are responsible for
compliance with all applicable local laws and regulations.
3
NON-REGISTERED USERS
3.1
As a non-registered user, you will only have
access to certain parts of the Site. You will not have a profile page or the
ability to upload material, write reviews or be entitled to other benefits of a
registered user. You must register as a user if you want to take advantage of
these services.
4
REGISTERED USERS
4.1
You must be 16 or over to register for the
Site.
4.2
You will be required to provide information
about yourself when registering via Facebook Connect. This information must be
true, accurate and complete for you to become a registered user. You are solely
responsible for all acts or omissions that occur under your registered account,
including the content of any Material (as defined below) uploaded or submitted
on the Site. For this reason, you should make sure that you keep your password
secure.
5
UPLOADING MATERIAL TO THE SITE
5.1
As a registered user, we may now or in the
future give you the ability to upload or submit material (including, without
limitation, text, photographs, graphics, video or audio material and any
underlying material) (the “Material”) to the Site. Whenever you make use
of a feature that allows you to upload Material to the Site, or to make contact
with other users of the Site, you must comply with the Content Standards set out
at Section 6 below.
5.2
By submitting any Material to any area of the
Site and in consideration of us making available to you the opportunity to
upload or submit Material to the Site (which you acknowledge as a sufficient
benefit to you), you irrevocably and unconditionally grant us a non-exclusive,
worldwide, royalty-free licence (including the right to sub-license) of the
entire right, title and interest in and to such Material so that we and any
successor may, subject to these terms of use, use the Material in any way,
including (without limitation) the right to copy, edit, adapt, reformat,
translate, create derivative works from, incorporate into other works,
distribute, perform, play, broadcast, commercialise and otherwise make available
to the public such Material (whether in whole or in part, or copies of the same)
in any format or medium currently known or developed in the future, for the full
period during which such rights subsist (including all renewals, revivals,
reversions and extensions of the same) and thereafter to the fullest extent
possible in perpetuity.
5.3
You will remain the owner of the copyright in
any original Materials that you submit or upload. The permission you have
granted to us is not exclusive. You
may continue to use the Materials in any way, including allowing others to use
it, provided such use does not interfere with or impair the rights you have
granted to us.
5.4
You warrant that:
5.4.1
any Material you submit or upload to the Site complies with the Content
Standards at Section 6 below; and
5.4.2
the Material is your own original work and you own the entire right, title and
interest in and to the Material and/or you have all necessary licences, rights,
consents and permissions to use, and to authorise us to use, any and all
intellectual property rights in such Material to enable us to use the Material
in the manner contemplated by these terms of use.
5.5
When you upload Material to the Site it may be
publicly available. This means that
both non-registered and registered users can view your Material. We can position your Material
anywhere on the Site, as we choose in our sole discretion.
5.6
We do not have any obligation to check the
accuracy or truthfulness of the Materials, nor to monitor any users’ use of the
Site.
5.7
We have the right but not the obligation, in
our sole discretion, to remove any Material that you submit or upload to the
Site.
6
CONTENT STANDARDS
6.1
You agree NOT to:
6.1.1
use the Site for any unlawful purposes. You
must comply at all times with these terms of use and with all applicable laws
and regulations;
6.1.2
access the Site and its contents for any
commercial or similar purpose, including advertising or selling any goods or
services. Otherwise, the Site is provided for your own personal and
non-commercial use. We reserve the right to remove any links at any time for any
reason without notice to you at our sole discretion;
6.1.3
upload or submit Material that is defamatory,
obscene, pornographic, sexually explicit, abusive, harassing, threatening or
offensive, racially, ethnically or otherwise objectionable or otherwise violates
the rights (such as rights of privacy and publicity) of others;
6.1.4
submit or upload Materials that are unlawful
or promote or encourage illegal activity, or that would violate the property
rights of others;
6.1.5
upload or submit any Material that infringes
any patent, trademark, trade secret, copyright, rights of privacy or publicity,
or other proprietary right of any party or infringes any intellectual property
law or otherwise is not in compliance with any applicable law;
6.1.6
submit Materials of any third party without
such third party's prior written consent, or Materials that falsely express or
imply that such Materials are sponsored or endorsed by Smart Tickets Limited or
the Site;
6.1.7
submit any Materials containing links to
unsuitable or irrelevant website addresses, such as pornographic or commercial
sites;
6.1.8
impersonate another person or create a false
or misleading identity for the purpose of misleading others as to your identity,
or to collect information about other users;
6.1.9
collect, obtain, compile, gather, transmit,
reproduce, delete, revise, view or display any material, data or information,
whether personally identifiable or not, posted by or concerning any other use in
connection with your Material or in connection with your use of the Site, unless
you have obtained the express, prior written permission of such other person,
firm or enterprise to do so;
6.1.10
conduct or forward surveys, contests, pyramid
selling schemes or chain letters;
6.1.11
submit any material or do anything that
results in the transmission of junk email, chain letters, duplicative or
unsolicited messages or so-called “spamming” and “phishing”;
6.1.12
use other users' personal data for purposes
other than making contact with them that is reasonably expected to be welcomed
by such other users;
6.1.13
upload or submit any Material containing any
virus, corrupt file, worm programme or other malicious code designed to
interrupt, destroy or limit the functionality of or disrupt any software,
hardware, telecommunications, networks, servers or other equipment, nor any
adware, spy ware, Trojan horse or any other material designed to damage,
interfere with, wrongly intercept or expropriate any data or personal
information;
6.1.14
copy, adapt, alter or create a derivative work
from any content on the Site;
6.1.15
interfere with another user’s use and
enjoyment of the Site or use the Site in any other manner that could damage,
disable, overburden or impair the Site.
7
INDEMNITY
7.1
You agree to indemnify and keep us and any of
our officers, directors, employees, agents, representatives, licensors,
suppliers and operational service providers fully and effectively indemnified
from and against any and all claims, actions, proceedings, demands, damages
(actual and consequential), losses, liabilities, costs and expenses (including
reasonable solicitor’s fees) suffered or reasonably incurred by us as a result
of, or in connection with, your access to and use of the Site or conduct other
than in accordance with these terms of use or any applicable law or regulation.
8
HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT
INFRINGEMENT
8.1
You can report abuse or complain about content
or Materials on the Site by using the
[Report Abuse]
function on the Site.
8.2
If you are a rightsowner (or acting on behalf
of a rightsowner) and believe that any Material infringes your copyright, you
must give us notice by sending a written statement including the information set
out below (in the same order as set out below):
a)
that you are the rightsowner or are authorised to act on the rights-
owner's behalf;
b)
that you have identified Material on the Site which infringes your copyright (or
infringes the copyright of a third party on whose behalf you are entitled to
act, if applicable) and you believe in good faith that use of the Material in
the manner complained of is not authorised by you, the rightsowner's agent or by
law;
c)
a description of the copyright work that you claim has been infringed, which
should include the type of work (such as a photograph or a sound recording) and
any relevant further details (such as the title and date of publication, as
applicable);
d)
a description of the way in which the copyright material has been infringed;
e)
information reasonably sufficient to permit us to locate the Material in
question on the Site (including a URL and/or screen shot);
f)
information that will enable us to contact you, such as your name, a postal
address, telephone number and, if available, an email address (these will also be the contact details that we will provide to the alleged
infringer so that they may contact you directly, in order to attempt to resolve
the complaint); and
g)
that the
information in the notification is true and accurate.
Completed statements should then be sent to
Attention: Marc Bridgen
4th Floor, 95 Southwark Street London SE1 0HX.
This ‘notice and takedown’ process is regulated by statute.
There may be negative consequences if you falsely allege copyright infringement
or send a copyright infringement notice to us in bad faith. We suggest that you
take legal advice before sending a copyright infringement notice, if you are
unsure about your rights in the Material, or whether there has been an
infringement of your rights.
8.3
If you believe that we have removed Material that you
have uploaded to the Site in error, you may send us a written counter-notice
including the information set out below (in the same order as set out below):
a)
details of the Material that has been removed or to which access has been
disabled;
b)
information reasonably sufficient to permit us to know where the
Material in question had been located on the Site (including a URL and/or
screen shot);
c)
a statement that you believe in good faith that the Material that you
have
identified has been removed by mistake and your reasons for believing
this;
d)
information that will enable us to contact you, such as your name, a
postal
address, telephone number and, if available, an email address
e)
a statement that you agree to be contacted by the person (or an
authorised
representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to
Attention: Marc Bridgen
4th Floor, 95 Southwark Street London SE1 0HX.
