MUSIC GLUE FAN AGREEMENT
PARTIES
1. The Fan; and
2. Music Glue Ltd whose registered office is 32A Christchurch Avenue, London, NW6 7QN ("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;
"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.
7. Music Glue E-Tickets 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-tickets, please keep them in a safe place. E-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.
7.2 Music Glue aims to email all E-tickets within 1 hour unless otherwise noted. If you have not received your E-tickets within 48 hours of the event, please contact us at tickets@musicglue.com as soon as possible. Music Glue only emails tickets to the email provided at the time of purchase. For purchases made via PayPal, the Paypal account email address shall be used.
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 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.
8. E-ticket Terms and Conditions
8.1 This E-ticket is issued subject to the Rules and Regulations of the venue, event organiser and promoter. Full details are available on request.
8.2 Please check your tickets as mistakes cannot always be rectified.
8.3 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.
8.4 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.
8.5 Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
8.6 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.
8.7 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.
8.8 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 and the holder may be refused entry to, or ejected from the venue.
8.9 The venue may operate a No Smoking policy.
8.10 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).
8.11 The Promoter, venue Management and Music Glue accept no responsibility for any personal property.
8.12 Patrons should be advised that official merchandise is usually only available inside the venue.
8.13 There will be no pass-outs or re-admissions of any kind.
8.14 Ticket holders consent to filming and sound recording as members of the audience.
8.15 If a performance is rescheduled, ticket holders will be offered tickets to the rescheduled performance, equivalent to the face value of the E-ticket. If a performance is cancelled, E-ticket holders will be offered alternative performances (subject to availability) up to the value on the E-ticket.
8.16 All of these terms and conditions are governed by English Law.
8.17 The E-ticket holder must comply with all relevant statutes, safety announcements and venue regulations whilst attending the event.
8.18 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.
8.19 E-tickets may be restricted to a maximum number per person. We reserve the right to cancel E-tickets purchased in excess of this number.