Terms Of Use Agreement
This agreement is necessary in order for Surface Unsigned Ltd to provide services where both your rights and the rights of Surface Unsigned Ltd are established and legally protected.
The agreement is divided into the following sections:
1. DESCRIPTION OF SERVICES
2. CODE OF CONDUCT
3. RULES/VOTING SYSTEM
4. YOUR ACCEPTANCE
5. ELIGIBILITY AND REGISTRATION
6. USER CONTENT AND BEHAVIOUR
7. CONDITIONS OF USE
8. TERM AND TERMINATION OF AGREEMENT
9. PROPRIETARY RIGHTS
10. PRIVACY POLICY
11. COPYRIGHT POLICY
12. LIMITATION OF LIABILITY
13. DISCLAIMER OF WARRANTIES
14. TEXT VOTE TERMS AND CONDITIONS
15. COMPLAINTS
16. ACCEPTANCE OF TERMS
Within these Terms Of Use Agreement, the terms "we", "us", "our", “Surface Unsigned”, “The Surface Unsigned Festival”, “Surface Unsigned Magazine” and “Surface Unsigned TV” are to be taken as referring to Surface Unsigned Ltd.
“Surface Unsigned Ltd Service” and “Surface Unsigned Ltd Services” are to be taken as referring to the services Surface Unsigned Ltd provides to bands/musicians, fans and visitors partaking in and visiting the Surface Unsigned Festival, the services Surface Unsigned Ltd provides through the Surface Unsigned Magazine, the services Surface Unsigned Ltd provides via Surface Unsigned TV and the services Surface Unsigned Ltd provides via our websites surfaceunsigned.co.uk and surfaceunsigned.tv
“Agreement” is to be taken as referring to this Terms of Use Agreement.
“User” and "you" refers to anybody using services provided by Surface Unsigned Ltd (i.e. bands/musicians participating in the Surface Unsigned Festival, fans and visitors to our live events, text vote partakers, and visitors to our websites surfaceunsigned.co.uk and surfaceunsigned.tv.)
“Content” is to be taken as referring to music, songs, text, data, information, graphic, photographs, audio and video files, links and other materials.
“Website” and “Websites” is to be taken as referring to surfaceunsigned.co.uk and surfaceunsigned.tv.
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1. DESCRIPTION OF SERVICES
Surface Unsigned Ltd runs the Surface Unsigned Festival, an unsigned live music competition based in the UK, the Surface Unsigned Magazine and Surface Unsigned TV. Surface Unsigned Ltd provides a service for those interested or actively involved in performing, creating and/or listening to unsigned music and interacting with like-minded individuals. Surface Unsigned Ltd allows unsigned bands to perform in live music events in a competition-style manner via the Surface Unsigned Festival. Surface Unsigned Ltd allows additional promotion of bands involved in the Surface Unsigned Festival via the Surface Unsigned Magazine and Surface Unsigned TV as well as the service for unsigned music fans to read up about and listen to and watch unsigned music.
The Surface Unsigned Ltd Services include the surfaceunsigned.co.uk and surfaceunsigned.tv websites and all features, applications and content offered by surfaceunsigned.co.uk and surfaceunsigned.tv in connection with the Surface Unsigned websites. The Surface Unsigned Ltd Services are owned and administered by Surface Unsigned Ltd of 20 Pool Street, Walsall, West Midlands, WS1 2EN, United Kingdom.
2. CODE OF CONDUCT
This Code of Conduct constitutes Surface Unsigned Ltd’s commitment to our customers for the services we provide.
Surface Unsigned Ltd is committed to maintaining an honest and open relationship with our customers/audiences and we will not intentionally mislead them.
When the public engages with us they will be treated with respect, honesty and fairness. We will handle all competitions and votes with rigorous care and integrity.
Principles for competitions and votes
These key principles apply to Surface Unsigned competitions and votes which involve bands/musicians, fans, visitors to our live music events and text vote partakers. They apply to interactivity conducted at our live music events, by texts, or any other interactive service.
Surface Unsigned Ltd undertakes that:
- competitions and votes are conducted in a way that is honest, open, fair and legal
- winners of competitions and votes are genuine and never invented, pre-chosen or planted by the organisers. Every entry should have a fair chance of winning.
- we will never ask anyone to pose as a competition contestant or winner.
- prizes are described accurately, however may be subject to change. Prize and prize winners will receive their prizes in reasonable time.
- there are clear rules for any competition or vote which are readily available to the public.
Whatever pressures there may be to keep live performances to a strict time schedule, Surface Unsigned Ltd must never compromise its professional integrity.
If things go wrong with running a competition or vote we will not cover it up or falsify the outcome.
Use of Text Voting Services
The size of the likely response to the competition and votes means that text voting is one of the most suitable ways to enable such a large number of votes to be handled.
We will state as clearly as possible how much text votes cost and when competition or voting lines open and close on our website, mailouts, bulletins, posters, banners, on stage at live events, and any other promotional material where text votes numbers are displayed. We will inform the audience clearly on stage when competition or voting lines close.
For all text votes we will comply with the code of practice issued by the independent regulator PhonepayPlus (formerly ICSTIS).
Text voting terms and conditions can be found here>>
3. RULES/VOTING SYSTEM
The Surface Unsigned Rules and Voting System is governed by Surface Unsigned Ltd’s Festival Structure which by this reference is incorporated into this Agreement. To read Surface Unsigned Ltd’s Festival Structure click here>>
Acceptance of the Surface Unsigned Rules and Voting System
By entering the Surface Unsigned Festival you are accepting the rules of the Surface Unsigned Festival and the voting system. If for any reason you cannot accept these rules and voting system in full then you should not participate in the Surface Unsigned Festival.
Surface Unsigned Ltd reserves the right to modify parts of the rules and voting system at any time without prior notice. If we make such modifications we will post the modifications on our website and inform all competition participants (bands/musicians) of the changes via email. If any modification is unacceptable to you, you should stop using the Surface Unsigned Ltd Services immediately. Continuing to use the Surface Unsigned Ltd Services after such changes indicates your full acceptance of the modifications.
If a gig is cancelled
On the unlikely occasion that a gig is cancelled Surface Unsigned Ltd endeavors to re-schedule the gig to another date. The bands booked for the concerning date will be contacted directly. In the unlikely event that a gig cannot be re-scheduled the bands booked for the concerning gig will be put through to the next stage of the Surface Unsigned Festival by default. The bands booked for the concerning date will be contacted directly. Any text votes cast for the original stage of the festival will automatically roll over to the next stage of the festival.
4. YOUR ACCEPTANCE
This Terms of Use Agreement sets out the legally binding terms governing your use of the Surface Unsigned Ltd Services. By accessing or using the Surface Unsigned Ltd Services, you (the “User") accept and agree to be bound by this Agreement. If you do not agree with any of the terms and conditions in this Agreement, you should stop using the Surface Unsigned Ltd Services immediately.
Surface Unsigned Ltd reserves the right to modify parts of this Agreement at any time without prior notice. If we make such modifications we will post the modifications to the Agreement on this page and insert at the top of the page the date these terms were updated. If any modification is unacceptable to you, you should stop using the Surface Unsigned Ltd Services immediately. Continuing to use the Surface Unsigned Ltd Services after such changes indicates your full acceptance of the modifications.
This Agreement includes Surface Unsigned Ltd rules for acceptable use of the Surface Unsigned Ltd Services, and your rights, obligations and constraints regarding your use of the Surface Unsigned Ltd Services and Surface Unsigned Ltd’s Privacy Policy.
5. ELIGIBILITY AND REGISTRATION
You must be 16 years of age or older to enter as a competitor (band/musician) into the Surface Unsigned Festival. By registering with the Surface Unsigned Festival, you represent and warrant that you are 16 years of age or older. You further represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will inform us of any updates to the personal information to keep it accurate and complete; (c) you agree to notify Surface Unsigned Ltd immediately if you believe that there has been any unauthorised use of your personal details; (d) you will inform Surface Unsigned Ltd immediately if you no longer wish to participate in the event or have to cancel your gig slot; (e) you accept that the deposit is non returnable under any circumstances other than that you attend and play at the event and sell 25 tickets in the first round of the Festival; (f) all tickets must be reconciled (paid for) before you go onstage and any unsold tickets returned to the area manager. All tickets remain the property of Surface Unsigned Ltd. Surface Unsigned Ltd may refuse, at its sole discretion, to publish a band name that is protected by trademark, impersonates another person, company or organisation, or that is obscene, offensive or otherwise inappropriate. Surface Unsigned Ltd may delete your application and terminate your involvement in the Surface Unsigned Festival at any time without warning if you violate any of the terms of this Agreement.
6. USER CONTENT AND BEHAVIOUR
Users are not allowed to use The Surface Unsigned Ltd Services for any illegal or unauthorised purpose. All Users agree to abide by all relevant local and national laws and regulations pertaining to acceptable behavior. You, the User, are solely responsible for all music, songs, material, text, data, information, graphic, photographs, audio and video files, links and other materials (hereafter referred to as “Content") that you perform at Surface Unsigned Ltd events and/or that you submit to Surface Unsigned Ltd.
Surface Unsigned Ltd may, but is not obliged to, remove any Content that we consider, at our sole discretion, to be unlawful, infringes any intellectual property or proprietary rights, or that is obscene, offensive or otherwise inappropriate. Surface Unsigned Ltd is under no obligation to check the accuracy or appropriateness of User content, nor is Surface Unsigned Ltd under any obligation to monitor the User’s Content and activities within the Surface Unsigned Ltd Services.
7. CONDITIONS OF USE
Users agree to abide by all applicable local and national laws and are solely responsible for their behavior at Surface Unsigned Ltd events and online, and Content performed at Surface Unsigned Ltd events or submitted to us. The following is a partial list that includes, but is not limited to, the kind of Content and behaviour that is illegal or prohibited in relation to Surface Unsigned Ltd Services. You agree not to behave in a way or to perform or post Content that, at the sole discretion of Surface Unsigned Ltd:
• promotes or incites racism, bigotry, hatred or physical harm of any kind toward or against any group or individual;
• is abusive, obscene, defamatory or libelous;
• harasses or advocates harassment of another person or violates the rights (such as rights of privacy and publicity) of others;
• exploits people in a sexual or violent manner;
• includes materials that falsely imply that such materials are endorsed or sponsored by Surface Unsigned Ltd;
• contains nudity, violence, or offensive subject matter or contains a link to a website displaying such content;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• solicits personal identifying information from other Users;
• promotes an illegal or unauthorized copy of another person’s copyrighted work;
• involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, pyramid schemes, instant messaging, or “spam”;
• contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
• promotes criminal activity or provides instructional information about illegal activities;
• involves commercial activities and/or sales without Surface Unsigned Ltd’s prior written consent.
Here follows a partial list of activities that are illegal or prohibited through your use of the Surface Unsigned Ltd Services. Surface Unsigned Ltd reserves the right to take appropriate legal action against anyone who, at Surface Unsigned Ltd’s sole discretion, engages in such activities, including reporting you to law enforcement authorities. Prohibited activities include, but are not limited to:
• advocating or encouraging criminal activity of any kind;
• racism, bigotry, hatred or physical harm of any kind toward or against any group or individual;
• accepting payment or payment in kind in exchange for your performing any commercial activity on or through the Surface Unsigned Ltd Services on behalf of a third party;
• covering or obscuring any Surface Unsigned Ltd banners and/or posters at Surface Unsigned Ltd events;
• removing any copyright or trademark notices contained on the Surface Unsigned Ltd Services;
• interfering with or disrupting the Surface Unsigned Ltd Services or the networks or services connected to the Surface Unsigned Ltd Services;
• attempting to impersonate another User or person;
• using any information obtained from the Surface Unsigned Ltd Services in order to harass, abuse, or otherwise harm another person;
• using the Surface Unsigned Ltd Services in any manner that violates any applicable laws and regulations.
8. TERM AND TERMINATION OF AGREEMENT
This Agreement shall remain in force for as long as you use the Surface Unsigned Ltd Services. You may terminate your involvement with Surface Unsigned Ltd at any time. Surface Unsigned Ltd can terminate your involvement with Surface Unsigned Ltd at any time without notice. The termination of this Agreement (for whatever reason) shall not terminate any provision hereof which is expressly or by implication provided to come into or continue in force after such termination.
9. PROPRIETARY RIGHTS
Surface Unsigned Ltd does not claim any ownership rights in any Content that you perform at Surface Unsigned Ltd events, submit or post to Surface Unsigned Ltd. After performing, submitting or posting Content you retain all ownership rights in such Content. However, by performing, submitting or posting any Content to Surface Unsigned Ltd, you hereby grant Surface Unsigned Ltd a limited licence to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the Surface Unsigned Ltd Services.
Without this limited licence, Surface Unsigned Ltd would not be able to provide the Surface Unsigned Ltd Services. For example: Without the right to modify your Content, Surface Unsigned Ltd would not be able to format Content to meet technical requirements to play your live music through the sound system at events. And without the right to publicly perform Content, Surface Unsigned Ltd would not be able to allow Users (such as visitors to Surface Unsigned events or surfaceunsigned.tv) to listen to your music.
This limited licence is non-exclusive (meaning you retain the right to licence the same Content to anyone else in addition to Surface Unsigned Ltd); fully paid and royalty-free (meaning that Surface Unsigned Ltd is not required to pay you or anybody else for the use of your Content on or through the Surface Unsigned Ltd Services); sub-licensable (so that Surface Unsigned Ltd can authorise its affiliates and sub-contractors such as internet and WAP delivery networks to provide the Surface Unsigned Ltd Services); and worldwide (because the internet and the Surface Unsigned Ltd Services can be accessed worldwide). This licence terminates as soon as you ask us to remove your Content from the Surface Unsigned Ltd Service. This licence does not give Surface Unsigned Ltd the right to sell your Content, nor does it give Surface Unsigned Ltd the right to distribute your Content outside the Surface Unsigned Ltd Services.
You represent and warrant that: (a) you own the Content you perform, submit or post to Surface Unsigned Ltd or otherwise have the right to grant the licence set forth in this Agreement; and (b) the performing, posting and submitting of your Content through the Surface Unsigned Ltd Services does not violate the privacy rights, publicity rights, intellectual property rights, copyrights or contract rights of any person. You agree to pay all royalties, fees and other monies found to be owing to any person as a result of any Content posted by you or performed by you on or through the Surface Unsigned Ltd Services.
In consideration of this, Surface Unsigned Ltd grants you a limited, revocable, non-sub licensable licence to reproduce and display the Surface Unsigned Ltd and Surface Unsigned Ltd Services content (excluding software code) solely for your personal use in connection with viewing and using the Surface Unsigned Ltd Services.
Surface Unsigned Ltd and its affiliates and licensors own and retain all rights in the surfaceunsigned.co.uk and surfaceunsigned.tv Websites and the Surface Unsigned Ltd Services which contain proprietary and confidential information that is protected by intellectual property and other laws. The Surface Unsigned Ltd Services contain Content of Users and other Surface Unsigned Ltd licensors. You are not allowed to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content found on or through the Surface Unsigned Ltd Services.
10. PRIVACY POLICY
The use of Surface Unsigned Ltd Services is governed by Surface Unsigned Ltd Privacy Policy, which by this reference is incorporated into this agreement. To read Surface Unsigned Ltd’s Privacy Policy click here>>
11. COPYRIGHT POLICY
You may not perform, record, post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is Surface Unsigned Ltd policy to terminate any User’s access to the Surface Unsigned Ltd Services upon receipt of proper notification to Surface Unsigned Ltd by the copyright owner or the copyright owner’s legal representative. If you believe that your work has been copied and posted on or performed at the Surface Unsigned Ltd Services in a way that constitutes copyright infringement, please file a copyright infringement notification notice (Notice) to us. This Notice should include the following information: (a) a description of the copyrighted work you claim has been infringed; (b) a description of the way in which the copyright has been infringed; (c) the location on the surfaceunsigned.co.uk or surfaceunsigned.tv website or the location, date and time of the event of the alleged infringement; (d) an electronic (scanned) or physical signature of the person authorized to act on behalf of the copyright owner; (e) your address, telephone number, and email address; (f) a written statement by you that you believe in good faith that the alleged use is not authorized by the copyright owner, its agent, or the law; (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the above information with the subject or heading “Copyright Infringement” to Surface Unsigned Ltd, 20 Pool Street, Walsall, West Midlands, WS1 2EN, United Kingdom.
12. LIMITATION OF LIABILITY
Your use of the Surface Unsigned Ltd Services is entirely at your own risk. Under no circumstances will Surface Unsigned Ltd, its subsidiaries and affiliates, and their respective owners, officers, managers, agents and employees, be liable to you or any third party for any damages, losses or costs arising out of or in connection with the use of the Surface Unsigned Ltd Services. Exclusion in this clause does not apply to death, personal injury or fraud.
13. DISCLAIMER OF WARRANTIES
Surface Unsigned Ltd is not responsible for any incorrect or inaccurate Content posted or performed in connection with the Surface Unsigned Ltd Services, whether posted by Users of the Surface Unsigned Ltd Services, employees, ex-employees, contractors or by any of the equipment or programming associated with or utilised in the Surface Unsigned Ltd Services. The Surface Unsigned Ltd Websites may contain links to other websites. Surface Unsigned Ltd is not responsible for the content, accuracy, legality or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy by Surface Unsigned Ltd. Inclusion of any linked website on the Surface Unsigned Ltd Services does not imply approval or endorsement by Surface Unsigned Ltd. Surface Unsigned Ltd accepts no responsibility for third party advertisements which are posted on or through the Surface Unsigned Ltd Services, nor does it accept any responsibility for the goods or services provided by its advertisers.
Surface Unsigned Ltd is not responsible for the conduct of any User of the Surface Unsigned Ltd Services. Surface Unsigned Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or communication. Surface Unsigned Ltd is not responsible for any problems or technical malfunction of any sound system, microphone, equipment, telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Surface Unsigned Ltd Services or combination thereof, including any injury, damage, loss or costs to Users or to any person’s computer related to or resulting from participation in Surface Unsigned Ltd's Services, attending Surface Unsigned Ltd events or downloading materials in connection with the Surface Unsigned Ltd Services.
Surface Unsigned Ltd is not responsible for any loss, costs, damage, including personal injury or death, resulting from use of the Surface Unsigned Ltd Services, attendance at a Surface Unsigned Ltd event, from any Content posted on or through the Surface Unsigned Ltd Services, or from the conduct of any Users of the Surface Unsigned Ltd Services.
The Surface Unsigned Ltd Services are provided as available. Surface Unsigned Ltd cannot and does not guarantee any specific results from use of the Surface Unsigned Ltd Services. The Disclaimer of Warranties does not affect your right to request to have your details removed from the Surface Unsigned Ltd Services.
14. TEXT VOTE TERMS AND CONDITIONS
The use of the Surface Unsigned Text Voting System is governed by Surface Unsigned Ltd’s Text Voting Terms and Conditions, which by this reference is incorporated into this Agreement. To read Surface Unsigned Ltd’s Text Voting Terms and Conditions click here>>
15. COMPLAINTS
Your interaction with other Users of the Surface Unsigned Ltd Services is your sole responsibility. Surface Unsigned Ltd reserves the right, but is not obliged, to monitor disputes between Users.
If you have a complaint regarding the Surface Unsigned Ltd Services, you can contact us as follows:
email: festival @ surfaceunsigned.co.uk
Telephone: 0800 434 6076
Postal Address: Surface Unsigned Ltd, 20 Pool Street, Walsall, West Midlands, WS1 2EN, United Kingdom
16. ACCEPTANCE OF TERMS
These Terms of Use will be governed in accordance with the laws of the United Kingdom and constitute the entire agreement between you and Surface Unsigned Ltd. This Agreement is accepted upon your use of the Surface Unsigned Ltd Services or Surface Unsigned Ltd Websites.
Please contact us if you have any questions regarding this Agreement and/or if you have any questions, comments or suggestions.
email: festival @ surfaceunsigned.co.uk
Telephone: 0800 434 6076
Postal Address: Surface Unsigned Ltd, 20 Pool Street, Walsall, West Midlands, WS1 2EN, United Kingdom
For technical problems, contact us on festival @ surfaceunsigned.co.uk.
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