1.5 Your use of Content available on the Beyoursound Website
Advertisements, advice, suggestions, videos, audio clips, written forum comments, messages, information, data, text, photographs, software, scripts, images, graphics and other content (“Content”) may be accessible on or through the Service. Content specifically provided by Beyoursound or its partners may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
1.6 Our rights to use Content uploaded by you
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post Content to the Services (the “User Submissions”). When you do so, the following apply:
You grant Beyoursound a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable licence to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Website, the Service and Beyoursound’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You understand that under this licence Beyoursound shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you.
This license to Beyoursound does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.
You represent and warrant (and will promptly demonstrate to Beyoursound’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Beyoursound (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that you have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that you are authorized to grant all of above licences to your User Submissions to Beyoursound and all users of the Service.
You agree to pay all royalties and other amounts owed to any person or entity due to User Submissions that you post to the Service or third party sites via your Beyoursound Account.
1.7 Third Party Sites; Content linked to or from Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under Beyoursound’s control, and you acknowledge that Beyoursound is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
1.8 Service and Content Disclaimer
The Service and Content provided by or through the Service is for entertainment purposes only, and should not be relied upon. Beyoursound makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content or the Service. You should independently verify all Content and other information that you access through the Service. Your use of or reliance on any Content is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Beyoursound has no control over and no duty to take any action regarding:
· which users gain access to the Service;
· what Content you access via the Service;
· what effects the Content may have on you;
· how you may interpret or use the Content; or
· what actions you may take as a result of having been exposed to the Content.
Beyoursound does not endorse and has no control over any User Submission. All information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that Beyoursound will not be liable for any errors or omissions in any User Submissions. Beyoursound cannot guarantee the identity of any other users with whom you may interact in the course of using the Service or the authenticity of any data which users may provide about themselves.
1.9 No warranty
To the fullest extent permitted by applicable law, the Service and any Content is provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
1.10 Limitation of Liability
Except as expressly stated herein and to the fullest extent permitted by applicable law in no event shall Beyoursound, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service.
1.12 Applicable law and jurisdiction
These Terms of Sale apply to tickets purchased through the Beyoursound Website. They form part of, are in addition to and incorporate the Beyoursound Terms. In these Terms of Sale, “we” or “us” refers to Beyoursound.com SL.
By purchasing a ticket through our website you warrant that you (i) are at least 16 years old (and in any event the minimum age to attend the relevant event); (ii) are capable of entering legally binding contracts; and (iii) are agreeing to be bound by the Terms including without limitation these Terms of Sale. If you do not accept these Terms of Sale you must not purchase any tickets from Beyoursound.
These Terms of Sale do not apply to the purchase of tickets via third party ticket vendors that are linked to from our Service. Please refer to that vendor’s terms and conditions.
2.1 Purchasing Tickets
By clicking on “Go to Show” (or other such wording as we may subsequently use), you are placing an order with Beyoursound to purchase event tickets. Please check your selection carefully before clicking “Go to Show”.
2.2 Acceptance of your purchase
All orders are subject to acceptance by us. When we accept your order our payment processor will charge your debit/credit card with the face value of the ticket, plus a booking fee (which is inclusive of VAT) (Note, we charge VAT on the booking fee and not on the face value of the ticket). Acceptance shall be deemed to have occurred, and a contract formed for the purchase of your tickets, when your payment has been cleared and a notice of confirmation has appeared on the purchase page of the Website.
In the event that we make an error in pricing tickets on our website, we reserve right to cancel your purchase and offer you the opportunity to purchase the tickets again at the correct price. If you choose to purchase the tickets at the correct price our payment provider will charge your debit/credit card with the difference between the incorrect value and the price you paid when originally booking. If you choose not to purchase the tickets at the correct price, we will refund you the full price you paid when originally booking.
Tickets will normally be delivered to you as electronic tickets
If you have elected to receive your ticket electronically your email confirmation is your ticket and you should bring this to the event as it may be checked (e.g. by barcode or other relevant details).
The ticket is your responsibility from the time of delivery, which shall be receipt of the email confirmation in the case of electronic tickets or on delivery to your designated address in the case of paper tickets.
It is your responsibility to check your tickets for any errors or omissions after they have been delivered to you. Please report any issues to us as soon as possible. A failure to report a problem with your tickets reasonably promptly and in any case in good time prior to the event may result in you not being able to claim a refund even if the error or omission was initially our fault.
2.5 Event Cancellation/Reschedule and Refunds
Once we have accepted your ticket purchase you will not have a right to cancel your ticket purchase or obtain a refund except in accordance with this section 2.5.
Where an event is cancelled or rescheduled, if the headline artist does not appear, or if (as determined by Beyoursound acting reasonably) the details of the event have changed to a significantly material extent, the holder of the account used to pay for the ticket shall be entitled to a refund of the face value of the ticket plus the booking fee (or a partial refund in the event that only part of the event is cancelled) but not for any delivery charge if paper tickets have already been dispatched. If you wish to exercise this right, you can send an email to email@example.com (or by replying to your confirmation email) with the word ‘refund’ and your confirmation code in the subject heading or via such other process that we may reasonably require. Unless indicated otherwise, if an event is rescheduled the holder of the account used to pay for the ticket will be offered a place at the rescheduled event. If they cannot make the rescheduled date a refund will be provided as above.
The holder of the account used to pay for the ticket shall also be entitled to a refund of the face value of the ticket plus the booking fee and any delivery charges if you do not receive the correct tickets due to a fault or breach of contract by us and we are not able to provide any replacement tickets to enable you to attend the event.
It is the ticket holder’s responsibility to ascertain whether an event has been cancelled or rescheduled. If we are aware that an event is cancelled or rescheduled, we will attempt to notify ticket holders but we do not guarantee that ticket holders will be informed of cancellation in good time before the event.
2.6 Venue Rules and Regulations
Tickets to events purchased through Beyoursound are issued subject to the terms and conditions of the event organiser/promoter and/or venue. Full details are available on the event website or at the venue box office. These terms and conditions may include:
· age restrictions for persons attending the event;
· the right for the event organiser / promoter to change performance orders and timings without notice;
· prohibitions on the use of mobile phones, cameras and other photographic and recording devices and devices that may distract or injure the act and/or audience members such as a laser pen; and/or
· prohibitions on bringing certain animals, food and drink to the event.
Tickets may be withdrawn and you may be ejected from or refused entry to the event by the event organiser/promoter and/or venue where their terms and conditions are not complied with or you engage in any unacceptable behaviour likely to cause damage, nuisance or injury or you arrive late.
Ticket holders consent to filming and sound recording as members of the audience at the event.
2.7 Competitions, promotions and other commercial use of tickets
You must not use your ticket for or in combination with any advertising, promotions, contests, sweepstakes, merchandise or service (including accommodation, travel and hospitality services) or otherwise use the ticket for profit or commercial gain without the written permission of the event organiser / promoter.
2.8 Our Liability
If we fail to comply with these Terms of Sale in connection with a purchase of tickets, we will be liable to you for the purchase price of the tickets. Liability for expenses incurred in connection with your planned attendance at an event (such as accommodation or transport costs) and any loss of enjoyment is expressly excluded. Beyoursound and the event organiser / promoter accepts no responsibility for loss or damage of personal property during your attendance at an event.
Nothing in these Terms of Sale excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability. Nothing in these terms and conditions affects your statutory rights.
2.9 Applicable law and jurisdiction
The Terms (including these Terms of Sale) shall be governed by the laws of the England and Wales unless prohibited by applicable consumer law (in which case this agreement shall be governed by the laws of the jurisdiction where you live). These Terms (including these Terms of Sale) shall be subject to the exclusive jurisdiction of the Courts of England and Wales, unless prohibited by applicable consumer law (in which case this agreement shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where you live).
Beyoursound has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (in the United States) and other equivalent laws in other jurisdictions. The address of Beyoursound’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Beyoursound’s policy to: (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
4.1 Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Beyoursound Website or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Beyoursound is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
4.2 Once Proper Bona Fide Infringement Notification is received by the Designated Agent:
It is Beyoursound’s policy:
1. to remove or disable access to the infringing Content;
2. to notify the Content provider, member or user that it has removed or disabled access to the Content; and
3. that repeat offenders will have the infringing Content removed from the system and that Beyoursound will terminate such content provider’s, member’s or user’s access to the Service.
4.3 Procedure to supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the Content provider, member or user;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Beyoursound is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Beyoursound may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Beyoursound’s discretion.
Please contact Beyoursound by email to info, or by post to Beyoursound.com SL . Calle Pintor Fortuny 17, Barcelona Spain 08001.