MUSIC GLUE FAN AGREEMENT
PARTIES
1. The Fan; and
2. Music Glue Ltd whose registered office is 5 Stucley Place, London, NW1 8NS ("Music Glue")
OPERATIVE PROVISIONS
1. Definitions & Construction
1.1 Unless the context otherwise requires the following words and phrases shall have the following meanings respectively:-
"the Act" means the Copyright Designs and Patents Act 1988;
"this Agreement" means the agreement made between the parties embodied in this document together with any documents incorporated by reference;
"Rights Holders" means the respective owners of Recordings licenced to Music Glue;
"Data" means information acquired at or displayed at the Website;
"Database" means any collation of information stored by Music Glue in electronic form relating to Fans;
"Encrypted" means a Recording that is protected against unlawful use, therefore requiring the presence of an appropriate Licence in order to be played, which includes the rules for the use of the Recording;
"E-tickets" means electronic event tickets sent via email;
"Fan" means a person that acquires a Recording that has been Encrypted by Music Glue or purchases an E-ticket or MP3 from Music Glue.
"Internet" means the internet and any other interactive online platform;
"Licence" means the file supplied by the Website, upon successful navigation of the Licence Acquisition Screen, which is installed onto the Fan’s personal computer, allowing an Encrypted Recording to be played;
"Licence Acquisition Screen" means the automated screen, linked to the Website, that appears when a Fan does not possess the appropriate licence to play an Encrypted Recording;
"Management" means the organisation responsible for the venue in which an event is being held;
"Payment Partner" means such third party payment agent authorised by Music Glue, to effect payments in relation to the Website;
"Personal Data" means personal data acquired at the Website relating to the Fan;
"Physical Ticket" means paper tickets either sent by post or made available for collection.
"Privacy Policy" means the privacy policy displayed at the Website from time to time relating to the use of Personal Data;
"Recording" means audio and/or audio-visual recordings, Encrypted or not, originating from the Music Glue server, whether downloaded from the Music Glue website, artist website, Rights Holder website, P2P networks, email, social networking sites, or any other form of digital distribution;
"the Webmaster" means webmaster@musicglue.com or such other email address as may be displayed at the Website from time to time;
"the Website" means the website currently found at www.musicglue.com and any other web pages hosted by www.musicglue.com, which are accessed as part of the Music Glue service, including Licence Acquisition Screens;
"Website Content" means all Recordings, Data and any other software, artwork, layout, trademarks or other materials comprising the Website or made available at the Website;
1.2 Unless the context otherwise requires the words and expressions used in this Agreement shall have the same meanings as are given to them in the Act.
1.3 Where the context requires in this Agreement words denoting the singular shall include the plural and vice versa, words denoting the masculine gender shall include the feminine gender and words denoting persons shall include corporate entities.
1.4 Unless the context otherwise requires references in this Agreement to any clause shall be deemed to be a reference to a clause in this Agreement, and references to any schedule shall be deemed to be a reference to a schedule to this Agreement.
1.5 Unless the context otherwise requires any reference in this Agreement to any statute or other regulation or any guild agreement shall be a reference to such as the same may from time to time be amended or replaced.
1.6 The liability of any party to this Agreement comprising more than one person shall be joint and several.
1.7 References to a party shall be deemed to include that party's successors in title and shall unless the context requires otherwise be deemed to be a reference to a party to this Agreement.
1.8 The headings used in this Agreement shall be deemed not to be a part of this Agreement nor act in the construction of any provision of this Agreement.
2. Fan Obligations
2.1 If the Fan acquires a password from Music Glue for access to any part of the Website then the user shall not disclose that password to third parties.
2.2 The Fan shall refrain from any act which would interfere with the operation of the Website nor attempt any unauthorised access to (so-called "hacking" of) any Website Content.
2.3 The Fan shall promptly notify the Webmaster of any person impersonating the Fan at the Website or using the Fan's password without the Fan's permission.
3. Data Protection
3.1 Subject to clause 3.2 the Fan consents to Music Glue retaining Personal Data as part of a Database and dealing with such data for the purpose of marketing and exploiting the Website
3.2 Notwithstanding the provisions of clause 3.1 Music Glue shall not use Personal Data other than in accordance with data protection legislation and/or the Privacy Policy. In particular, Music Glue shall not make Personal Data available to third parties without the consent of the User.
3.3 The consent of the Fan shall be deemed given to Music Glue for all uses of Personal Data which are necessary for the purpose for which it is supplied (eg. delivery of Recordings purchased at the Website) and/or for all uses which are elected by the Fan using so-called "tick boxes" or other opt in / opt out procedures commonly utilised on the Internet.
3.4 Subject to clause 3.2 Music Glue may retain Personal Data as part of a Database notwithstanding that the Fan may cease to access the Website.
4. Acquisition of Content and/or Licence via the Website
4.1 All Encrypted Recordings acquired by the Fan will require a Licence in order to be played. To obtain a Licence, the Fan shall navigate the Licence Acquisition Screen and shall be subject to any additional agreements and restrictions displayed at the Website or otherwise notified to the Fan as part of the acquisition procedure.
4.2 All Encrypted Recordings are acquired under a completely transferrable licence. This means that the Fan is free to share the Encrypted Recording as desired, within the restrictions of the Licence.
4.3 Unless expressly notified to the contrary, all Recordings that are NOT Encrypted (eg mp3 format), are acquired under a non-transferrable licence personal to the Fan.
4.4 Payment for Recordings shall be transacted by the Payment Partner. The Fan shall abide by the terms of the Payment Partner for such transactions and shall refer any queries relating to such transactions to the Payment Partner.
4.5 In respect of any payments made for the acquisition of Recordings delivered in electronic form, the Fan acknowledges that such material is deemed consumable and therefore not capable of being returned.
4.6 The Fan shall not attempt to alter or otherwise carry out any unauthorised act in respect of any so-called digital rights management applications or data embedded in Recordings.
4.7 The Fan acquires all Recordings at it’s own risk. Music Glue accepts no liability for any offence, injury or other harm suffered by the Fan as a result of acquiring any Recordings other than arising from the negligent act of Music Glue.
5. Indemnity and Limitation of Liability
5.1 The Fan indemnifies Music Glue against any loss (including legal fees) that Music Glue may suffer resulting from any claim against Music Glue inconsistent with any representation or agreement made by the Fan in this Agreement.
5.2 Music Glue's liability under this Agreement shall, other than in respect of personal injury caused by negligence, be limited as follows:
5.2.1 in respect of any claim arising from the purchase of Recordings, the amount paid by the Fan for the same; and/or
5.2.2 in respect of any other claim, or aggregate claims, one pound (£1).
5.3 The Fan acknowledges that Music Glue makes no warranty as to the accuracy, lawfulness or otherwise appropriateness of the content of Recordings and accepts no liability for any offence, injury or other harm suffered by the Fan as a result of listening to or viewing Recordings.
6. Miscellaneous
6.1 The Fan shall not disclose without Music Glue's prior written consent any confidential information that the Fan may receive pursuant to entering into this Agreement save as required in legal proceedings or to the Fan's professional advisers. A disclosure by the Fan's professional advisers shall be deemed to be a disclosure by the Fan.
6.2 Music Glue shall not be in breach of those obligations where performance is reasonably prevented by a so-called force majeure provided that Music Glue takes all reasonable steps to mitigate its effect.
6.3 This Agreement represents the entire agreement between the parties in respect of its subject matter.
6.4 If any clause or any part of this Agreement or the application of such to any party shall for any reason be adjudged by a court or other legal authority of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this Agreement, the terms of which shall remain in full force and effect.
6.5 All notices referred to in this Agreement shall be sent:
6.5.1 in the case of notices to the Fan, if applicable, to the email address provided by the Fan;
6.5.2 in the case of notices to Music Glue, to the Webmaster.
6.6 The Fan may not assign its rights under this Agreement.
6.7 The laws of England shall govern this Agreement and the English courts shall have exclusive jurisdiction.
6.8 Music Glue reserves the right to cancel any purchase with a full refund, without cause.
6.9 No contract between the Fan and Music Glue has been accepted by Music Glue until you receive clear confirmation either via the website or via email. This will only happen when your payment has been accepted and cleared via our payment gateway. Your order cannot be guaranteed until you receive confirmation.
7. Music Glue E-Ticket General Information
7.1 Music Glue sells E-tickets on behalf of promoters, teams, bands and venues which means Music Glue does not set the ticket prices. Policies set forth by our clients, such as venues, teams and theatres, prohibit us from issuing exchanges or refunds after a purchase has been made or for lost E-tickets. When you receive your E-ticket, please keep it in a safe place. An e-ticket purchased via Music Glue may be subject to a per non-refundable ticket service charge and a non-refundable per order processing fee.
7.2 Music Glue aims to email all E-tickets within 1 hour unless otherwise noted. If you have not received your E-ticket within this time, please check your spam and junk email folders. Music Glue will only send an E-ticket to the email address provided at the time of purchase. Unless stated otherwise, you will recieve a single email with the quantity of tickets purchased stated on the email. For purchases made via PayPal, the Paypal account email address will be used. With consideration to all of the above, if your E-ticket does not arrived it is your responsibility to contact support@musicglue.com immediately.
7.3 Occasionally, events are cancelled or postponed by the promoter, team, performer or venue for a variety of reasons. If the event is cancelled, please contact us at support@musicglue.com for information on receiving a refund from the responsible party. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions.
7.4 Tickets may be restricted to a maximum number per person, per credit/debit card and, for some events a restriction may apply per household. We reserve the right to cancel tickets without prior notice if purchased in excess of this limit.
7.5 At the point of entry the venue reserves the right to check customer photo ID against the name on the e-ticket. If you do not provide suitable ID or your ID does not match the name on the e-ticket, you may be prevented from entering the event and will not be able to receive a refund.
8. Music Glue Physical Tickets General Information
8.1 Music Glue sells Physical Tickets on behalf of promoters, teams, bands and venues which means Music Glue does not set the ticket prices. Policies set forth by our clients, such as venues, teams and theatres, prohibit us from issuing exchanges or refunds after a purchase has been made or for lost Physical Tickets. When you receive your Physical Tickets, please keep them in a safe place. Physical Tickets purchased via Music Glue may be subject to a per non-refundable ticket service charge and a non-refundable per order processing fee. When purchasing tickets via Music Glue, you are limited to a specified number of tickets for each event. This amount is indicated on the order tickets page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.
8.2 If you have not received your Physical Tickets within 48 hours of the event, please contact us at tickets@musicglue.com as soon as possible. If the Physical Tickets are to be delivered, Music Glue will post to the address provided at the time of purchase. If you would like to provide an alternative delivery address you must contact Music Glue at tickets@musicglue.com. No amendments can be made after a Dispatch Notification email has been sent by Music Glue.
8.3 Any email correspondence in relation to your purchase will go to the email address provided at the time of purchase. For purchases made via PayPal, the Paypal account email address shall be used.
8.4 Occasionally, events are cancelled or postponed by the promoter, team, performer or venue for a variety of reasons. If the event is cancelled, please contact us at support@musicglue.com for information on receiving a refund from the responsible party. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions.
8.5 Tickets may be restricted to a maximum number per person, per credit/debit card and, for some events a restriction may apply per household. We reserve the right to cancel tickets without prior notice if purchased in excess of this limit.
8.6 Music Glue reserves the right to change the preferred delivery option from 'post' to 'collection from box office'. In these circumstances customers will be notified via email. Under no circumstance can Music Glue refund postage and packaging charges.
8.7 If tickets are signed for (in the UK this is Recorded or Special Delivery), you are responsible for ensuring that your tickets are signed for at the time of delivery. If there is no-one available to sign at the time of delivery it is your responsibility to follow the instructions on any correspondence left by the delivery service. Failure to act promptly may result in your tickets being returned to Music Glue, and therefore you may not be able to enter the event.
9. All Tickets Terms and Conditions (Physical & E-Ticket)
9.1 This ticket is issued subject to the Rules and Regulations of the venue, event organiser and promoter. Full details are available on request.
9.2 Please check your tickets as mistakes cannot always be rectified.
9.3 It is the responsibility of the ticket holder to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket holders of the cancellation once we have received the relevant authorisation from the event organiser. Please note that we cannot guarantee that ticket holders will be informed of such cancellation before the date of the event.
9.4 The Management reserves the right to refuse admission should patrons breach any Rules and Regulations of the venue, event organiser or promoter. The management may on occasions have to conduct security searches to ensure the safety of the patrons.
9.5 Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
9.6 We regret that tickets cannot be exchanged or refunded after purchase. The Management cannot be held responsible for any tickets which are lost or stolen. Music Glue reserves the right to cancel ticket bookings which it reasonably suspects to have been made fraudulently.
9.7 Tickets are sold subject to the Management’s right to alter or vary the programme due to events or circumstances beyond its control without being obliged to refund monies or exchange tickets.
9.8 If this ticket is re-sold or transferred for profit or commercial gain by anyone other than the promoter, venue Management, Music Glue or one of their authorised sub-agents, it may be voided without refund and the holder may be refused entry to, or ejected from the venue.
9.9 The venue may operate a No Smoking policy.
9.10 The unauthorised use of photographic and recording equipment is prohibited. Tapes or films may be destroyed. Laser pens, mobile phones, dogs (except guide dogs) and patron’s own food and drink may also be prohibited (please check with the venue).
9.11 The Promoter, venue Management and Music Glue accept no responsibility for any personal property.
9.12 Patrons should be advised that official merchandise is usually only available inside the venue.
9.13 There will be no pass-outs or re-admissions of any kind.
9.14 Ticket holders consent to filming and sound recording as members of the audience.
9.15 If a performance is rescheduled, ticket holders will be offered tickets to the rescheduled performance, equivalent to the face value of the ticket. If a performance is cancelled, ticket holders will be offered alternative performances (subject to availability) up to the value on the ticket.
9.16 All of these terms and conditions are governed by English Law.
9.17 The ticket holder must comply with all relevant statutes, safety announcements and venue regulations whilst attending the event.
9.18 Breach of any of these conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall enable the venue or event management to eject you from the venue.
9.19 Tickets may be restricted to a maximum number per person. We reserve the right to cancel tickets purchased in excess of this number.
9.20 The organisers reserve the right to refuse admittance to the ground of any part of the ground or to remove any person or persons from the ground for reasons of public safety, overcrowding or otherwise as the Organisers will have no liability for any damage or loss whether consequential or otherwise save that the Organisation will refund the owner of a valid tickets the face of the ticket.
9.21 Ticket holders assume all risk of injury and all responsibility for property loss, destruction or theft and releases promoters, performers, sponsors, venue ticket outlets and their employees from the liability thereafter. Music Glue is acting merely as a retailer of this ticket at the request of the promoter and accepts no liability whatsoever for any loss incurred by the purchaser of this ticket if the event does not take place in whole or part.
9.22 Before entering, all patrons will be subject to a search in a manner permissible under the law. In the interests of public safety where offensive materials are found, anyone refusing to consent to the personal search will be denied entry.
9.23 If the event is outdoors it will take place Rain or Shine.
9.24 Crowd surfing/moshing is not permitted. Offenders will be removed from the venue without refund.