Terms & Conditions
TERMS OF USE
THESE TERMS AND CONDITIONS ("TERMS OF USE") ARE BETWEEN YOU AND THE MUSIC EXPERIENCE LIMITED TRADING AS THE BRITISH MUSIC EXPERIENCE ("BME") AND GOVERN YOUR USE OF THE BME WEBSITE ("OUR SITE"). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS OF USE BEFORE YOU START USING OUR SITE.
1. Ownership
All of the content of our Site (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is, unless specifically indicated otherwise, protected by copyright, trademark, and/or other proprietary intellectual property rights owned by or licensed to BME.
2. Website Service
There are no charges for using our Site. However, we reserve the right to seek to charge in the future for additional services we may offer to provide to you but we will not do so without making clear to you what those charges are and what they relate to and giving you an opportunity to agree whether or not to take such services.
Our Site has been prepared solely for the purpose of providing information about the BME and it does not constitute any financial or other advice and should not be used as a substitute for such advice. Subject to our legal obligations, we make no warranty or representation that access to our Site or the services offered on our Site will be uninterrupted, timely, secure, or error-free, nor do we make any warranty or representation that the content of our Site, or any information given through it, is accurate or reliable.
You acknowledge and agree that your use of any information on our Site is at your sole risk. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice.
3. Limited Licence; Restrictions
The contents of our Site are freely downloadable for browsing purposes only and may not be reproduced in whole or in part or otherwise made available without the prior written consent of BME. In addition, none of the material on our Site may be copied, altered in any way, or transmitted or distributed to any other party without the prior express written permission of BME.
You may not create links to our Site without the express prior written consent of BME. Linked websites, whether permitted or not, do not have any implied affiliation with our Site.
If you download any software from our Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") is subject to a limited licence, the terms of which are set out in the separate software licence agreement made available to you at the time of the doanload. BME and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
4. Forums and Public Communication
5. Your Content
With respect to all content, information or materials that you communicate to us through our Site, or that you post publicly accessible areas of our Site, including any Forum ("Your Content"), you hereby grant (or warrant that the owner of such materials expressly grants) to us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive licence (carrying the right to sublicense) to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate Your Content (in whole or in part) into any form, medium, or technology now known or later developed throughout the universe. In addition, you hereby waive your moral rights in Your Content.
You warrant that you have the right to so communicate, submit or post Your Content and that you have the right to grant to us the licence granted in the preceding paragraph, except where you have expressly indicated the contrary to us in writing.
You acknowledge that we have no obligation to retain any of Your Content on the publicly available areas of our Site for any minimum period or at all and that it is entirely in our discretion as to the length of time that Your Content or any of it will be retained on the website. We may also edit or modify Your Content at any time.
6. Electronic Communications/SPAM
We may communicate with you electronically, either by email or by posting information on our Site. You agree not to treat such emails as unsolicited (SPAM). For contractual purposes, you agree to receive communications from us electronically and you consent that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. This does not effect your statutory rights.
You are strictly prohibited from sending (or supporting the sending) of unsolicited bulk or single mail messages, or SPAM, from our website.
7. Disclaimer
THIS WEBSITE HAS BEEN COMPILED IN GOOD FAITH BY BME. HOWEVER, BME DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, BME DOES NOT REPRESENT OR WARRANT THAT THE CONTENTS OF THE SITE OR ANY INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE, ADEQUATE, SUITABLE OR CURRENT, NOR MAKES ANY SUCH WARRANTY OR REPRESENTATION IN RESPECT OF ANY INFORMATION CARRIED ON ANY WEBSITE OPERATED BY A THIRD PARTY WHICH MAY BE ACCESSED FROM THE SITE, NOR THAT THE INFORMATION ON THIS OR ANY THIRD PARTY WEBSITE HAS IN ANY WAY BEEN VERIFIED BY BME, NOR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.
8.Access
Our Site, and the information contained on it, is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject BME to any registration or licensing requirement within such jurisdiction.
BME will not be liable if the systems go off line or fail for any reason, or for any incompatibility of our Site with any of your equipment, software or telecommunications systems. BME will not be liable for any claims, penalties, losses, damages, costs or expenses arising from the use of or inability to use our Site or from any unauthorised access to or alteration of our Site.
9. Children under 18
If you are under 18, you must ask your parent or guardian before you: e-mail the website, ask BME to e-mail anything to you, send in any information to BME, enter any contest or game that requires information about you or offer a prize, post any information on any bulletin board, enter any chat room; or buy anything online.
By checking the relevant box or doing any of the things set out above, you are confirming that you are over the age of 18, or you have received the consent of your parent or guardian.
10. Privacy Policy
You must read our Privacy Policy (http://www.britishmusicexperience.com/index.cfm?PageID=11), which forms part of these Terms of Use and sets out the way in which your personal data is handled.
11. Limitation of Liability
NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SUBJECT TO THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER BME NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF BME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IN PARTICULAR, WE HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH: YOUR INABILITY TO USE OUR SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR COMMUNICATION LINE FAILURE IN RELATION TO OUR SITE, NOR ANY THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERNATION OF, OR USE OF ANY RECORD, INFORMATION OR CONTENT, INCLUDING YOUR CONTENT.
You agree that we shall not be liable to you for any modification, suspension or discontinuance of our Site or any part of it.
You agree that we have no responsibility or liability for the deletion or failure to store any of Your Content nor for any errors in Your Content.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on our Site that is not ours, including without limitation any such opinion, advice or statement included in any Forum or on any bulletin board provided on our Site. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the content on our Site, whether such content was provided by us or any third party. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Site.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or other loss that results from the download of any such material.
IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF BME OR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
12. Indemnification
You must comply with these Terms of Use at all times when using our Site and you must take all reasonable precautions to avoid infringing any third party's rights in the use of our Site, including the communication of Your Content to our Site. You will be liable for any foreseeable and reasonable costs incurred by us in defending any action in respect of a claim resulting from your breach or alleged breach of these Terms of Use, if reasonable precautions were not taken by you. You agree to defend, indemnify and hold BME and all of its associate companies, its directors, officers, partners, employees, information providers, licensors and licensees and agents harmless from and against all liabilities, claims, damages, costs and expenses, including without limitation legal fees and costs arising out of your use of the Site, Your Content, or your violation, breach or alleged violation or breach of these Terms of Use.
13. Links from This Site
14. Termination
We reserve the right to terminate your access to our Site at any time without notice from us if, in our sole discretion, you fail to comply with these Terms of Use.
15. Amending these Terms of Use
We may update these Terms of Use to accord with our standard contractual provisions at any time. We will post our most recent version of these Terms of Use on our Site. We may also add to, change or remove any part of these Terms of Use. If you do not agree to the amended Terms of Use, then you are free to discontinue your use of our Site. By checking any acceptance box or continuing to use our Site, you signify your agreement, without limitation or qualification, to be bound by the amended Terms of Use.
16. Governing Law
These Terms of Use shall be governed by English Law and we both agree to subject to the exclusive jurisdiction of the English courts.
17. Severance
If for any reason a court of competent jurisdiction finds that any of these Terms of Use are unenforceable the remaining terms of these Terms of Use shall survive and remain in full force and effect.
18. Miscellaneous
Any waiver of any provision of these Terms of Use must be in writing signed by BME to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and BME.
19. The BME Ticket Terms and Conditions
All tickets ("Tickets") sold by the BME or our agents for the BME exhibition are subject to the following Terms and Conditions. Please read these Terms and Conditions carefully.
ADMISSION
Cancellation right/right to make alterations
Refund policy
Obtaining a refund
Notification of cancelled/altered events
PRIVACY
GENERAL
The British Music Experience Website Prize Draw (the "Prize Draw") Terms and Conditions
AEG Live, of The Studio, The O2, London SE10 0DX, is the promoter of this Prize Draw ("AEG"). Subject to these Terms and Conditions, winners of each Prize Draw ("Winner(s)") shall be entitled to two (2) free tickets to an event as stipulated in the announcement on twitter by the British Music Experience (www.twitter.com/TheBME) (the "Prize"). Winners will be required to enter into separate terms and conditions of use in respect of the Prize, and the Prize will only be valid and available for acceptance by the Winner for a period of 7 days from the date that the Winner has been notified that he/she has won the Prize.
1. This Prize Draw is open to anyone aged at least 18 years who are UK residents, excluding employees of AEG, or any of its subsidiary companies, their families, agents or anyone else connected with this promotion. No third party entries, multiple entries or entries submitted by agents will be accepted. AEG reserves the right to verify the eligibility of entrants. AEG may require such information as it considers reasonably necessary for the purpose of verifying the eligibility of an entry and the Prize may be withheld until and unless AEG (in its sole discretion) is satisfied with the verification.
2. Entries are made by the entrant “Retweeting” a message and following the British Music Experience twitter account (www.twitter.com/TheBME) . Only one entry per person is permitted. Entries not complying with these Terms and Conditions will be invalid. All entries will be considered if received between the announcement of the competition and closure of the competition. The winner will be chosen via a random draw of all the valid entries received during the competition being open.
3. The Prize Draw shall take place when decided and will remain open until closed by AEG at its sole discretion.
4. The instructions provided at the point of entry form part of the Terms and Conditions of this Prize Draw, and in the event of a conflict, these Terms and Conditions take precedence.
5. The Winner(s) will be selected at random from all eligible entries received. Each Winner will be notified within 24 hours from the date of the Prize Draw by Direct Message on twitter. The Prize is awarded conditionally upon acceptance and if a Winner is unable to be contacted after a reasonable period, or if any Prize is unclaimed for 7 days or declined within a reasonable period, the Prize shall be deemed as unclaimed or unaccepted and a supplementary Winner may be drawn at AEG's discretion.
6. AEG will not be responsible for any inability of a prize Winner to take up the specified Prize.
7. As the Prize requires attendance at The O2, the Winner and any permitted companions will be solely responsible for travel to and from The O2 and all other expenses. AEG assumes no responsibility and is not liable for any costs, charges or expenses which Winners may be required to pay at any time in connection with a Prize.
8. AEG reserves the right to provide substitute prize(s) of similar value in the event that the specified Prize is unavailable for reasons beyond its control. Cash or credit alternatives will not be offered. None of the prizes are transferable.
9. AEG accepts no responsibility for incorrectly completed, lost or delayed entries, notices, acceptances, tickets or other documents related to the Prize.
10. In the event of fraud, abuse, and/or an error affecting the proper operation of this Prize Draw, including the allocation of more prizes than are available, AEG reserves the right to end or suspend the Prize Draw; amend these Terms and Conditions; declare void the notification of Winner(s); and/or to allocate available prizes by conducting a simple draw from all wrongly allocated Winners.
11. If any provision of these Terms and Conditions is held invalid by any law, rule, order or regulation of any government, or by the final determination of any court of a competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.
12. The Winner(s) may be required to participate in publicity connected with this Prize Draw and it is a condition of entry that the Winner(s) agree to their name and country of residence being made publicly available if they win.
13. Entrants' data will be collected, stored and processed for the purposes of administering and assessing this Prize Draw. As the Prize includes tickets to an event then for the purpose of administering the ticket allocation, AEG reserves the right to exchange information and data regarding tickets and applications with third party ticket providers and/or service providers.
14. AEG's decision is final and no correspondence will be entered into.
15. AEG reserves the right to suspend, cancel or amend the promotion and/or review and revise these Terms and Conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these Terms and Conditions, entrants shall be deemed to have agreed to any such new or amended terms.
16. As a Winner, you will release AEG and its affiliates, partners and employees from any and all liability, claims, demands, and causes of action for personal injury and or damage, theft, or loss suffered in connection with this competition or the use or acceptance of the Prize or any portion thereof save where due to the negligence of AEG or its affiliates, partners and employees.
17. This promotion is governed by English Law and is subject to the exclusive jurisdiction of the English courts.