Terms of Use

Terms of use

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY

BY USING OUR WEBSITE WWW.READINGFRINGEFESTIVAL.CO.UK (“SITE”), YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SITE.

1 WHO WE ARE AND WHAT THESE TERMS DO

We, READING FRINGE FESTIVAL, a community interest company incorporated under the laws of England and Wales with company number 08360823 and registered office address at 104 Antrim Road, Woodley, RG5 3NY, operate the Site with the aim of bringing cultural, health and/or well-being benefits to our users and license you to use:

1.1 our Site; and

1.2 the services, data and content you access via the Site (“Services”), some of which are provided free of charge and some of which are offered on a paid-for basis, including any virtual events (“Events”) you pay for,

as permitted in these Terms.

2 HOW YOU CAN CONTACT US AND HOW WE WILL COMMUNICATE WITH YOU

2.1 Contacting us. If you wish to contact us, you can reach us via email at contact@readingfringefestival.co.uk or telephone on +44 (0)7754 918 570.

2.2 How we will communicate with you. If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

3 HOW YOU MAY USE THE SITE

In return for your agreeing to comply with these Terms you may:

3.1 access the Site via a desktop computer, laptop computer, mobile telephone or handheld device and use it to for the following purposes only:

3.1.1 viewing and downloading free content;

3.1.2 viewing and downloading paid-for content, including Events purchased via our website in accordance with our website’s terms of use and privacy policy applicable at the time as made available to you by us; and

3.1.3 making charitable donations to artists and organisations uploading content on our Site and/or making payments for paid-for content via PayPal in accordance with PayPal’s terms of use and privacy policy applicable at the time as made available to you by PayPal.

4 PAID-FOR CONTENT YOU PURCHASE VIA THE SITE

4.1 The Site is an online streaming platform for independent third-party providers (the “Providers” and each a “Provider”) to list Events.

4.2 Our Services allow Providers to promote their Events and manage ticketing. We are not the creator, organiser or owner of the Events, we have no control over and we do not assume any responsibility nor make any representation, warranty or guarantee, whether express or implied, as to the Events.

4.3 When you book an Event via the Site, you will be required to provide complete details of a valid PayPal account belonging to you and by doing so you shall authorise the relevant Provider to bill such account immediately upon placement of the booking by you.

4.4 Under the Consumer Contracts Regulations 2013, you have the right to change your mind within 14 days after the day you make your purchase, or, if earlier, the first day of streaming availability as specified on the event page. If the digital content was delivered to you immediately, and you agreed to this when booking, you will not have a right to change your mind. If you have changed your mind in accordance with this clause 4.4, you should notify the relevant Provider by contacting them directly by email using contact@readingfringefestival.co.uk.

4.5 There will be no refunds given after the first day of streaming availability. The only exception to this will be in the case where an Event has not been delivered owing to a technical problem relating to the artist or festival set-up, and the Event cannot be rescheduled or the content provided at a later date.

5 USER-GENERATED CONTENT IS NOT APPROVED BY US

This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.

6 INTELLECTUAL PROPERTY RIGHTS AND HOW YOU MAY USE MATERIAL ON OUR SITE

6.1 All intellectual property rights in the Site, any material published on it and the Services throughout the world belong to us or our licensors and the rights to access and use the Site and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Site, any material published on it or the Services other than the right to use them in accordance with these Terms. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

6.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use.

6.3 You must comply with the restrictions set out in clause 7 and clause 8 below. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

6.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

6.6 If you print off, copy, download or in any way use any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7 RESTRICTIONS

You agree that you will:

7.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Site or the Services in any form, in whole or in part to any person without prior written consent from us;

7.2 not copy the Site or Services, except as part of the normal use of the Site or where it is necessary for the purpose of back-up or operational security;

7.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Site or Services nor permit the Site or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Site and the Services on devices as permitted in these Terms;

7.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the technology used or supported by the Site or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Site to obtain the information necessary to create an independent program that can be operated with the Site or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

7.4.1 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

7.4.2 is not used to create any software that is substantially similar in its expression to the Site;

7.4.3 is kept secure; and

7.4.4 is used only for the Permitted Objective;

7.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Site or any Service.

8 ACCEPTABLE USE RESTRICTIONS

You must:

8.1 not use the Site or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Site, any Service or any operating system, including without limitation as set out under clause 20.9;

8.2 not infringe our intellectual property rights or those of any third party in relation to your use of the Site or any Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);

8.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Site or any Service;

8.4 not use the Site or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

8.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

9 YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE SITE

You must be 18 or over to accept these Terms and use the Site.

10 OUR SITE IS ONLY FOR USERS IN THE UK

Our Site is directed to people residing in the United Kingdom. We do not represent that our Site is appropriate for use or available in other locations.

11 YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

11.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

11.2 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@readingfringefestival.co.uk .

12 YOU MAY NOT TRANSFER THE RIGHT TO USE THE SITE AND SERVICES TO SOMEONE ELSE

We are giving you personally the right to use the Site and the Services as set out in clause 3. You may not transfer this right or your account details to anyone else, whether for money, for anything else or for free. If you sell any device on which the Site is used, you must remove your account details from it.

13 CHANGES TO THESE TERMS

We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated on 17 June 2020.

14 UPDATE TO THE SITE AND CHANGES TO THE SERVICES

From time to time we may update the Site and change the Services to improve performance, enhance functionality, reflect our users’ needs and our priorities or address security issues. We will try to give you reasonable notice of any major changes.

15 WE MAY SUSPEND OR WITHDRAW OUR SITE

15.1 We do not guarantee that our Site or any Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

15.2 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.

16 IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you access the Site on any computer, phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the computer, phone or other device.

17 YOUR PRIVACY

17.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy, the current version of which you can access via https://readingfringefestival.co.uk/privacy-policy/, unless you are using a specific service to which a different privacy policy applies, as set out in clause 3.1.2 and clause 3.1.3, and it is important that you read that information. We may amend our privacy policy from time to time, please check our privacy policy every time you wish to use our Site to ensure you understand the terms that apply at that time.

17.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Site or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

18 WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the Site or any of the Services, you agree to us collecting and using technical information about the devices you use the Site on and related software, hardware and peripherals to improve our products and to provide any Services to you.

19 WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO

19.1 The Site or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

19.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

20 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

20.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

20.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

20.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

20.4 We are not liable for business losses. If you use the Site for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.5 Limitations to the Site and the Services. The Site and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of information obtained from the Site or the Services. Although we make reasonable efforts to update the information provided by the Site and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

20.6 Please back-up content and data used with the Site. We recommend that you back up any content and data used in connection with the Site, to protect yourself in case of problems with the Site or the Services.

20.7 Check that the Site and the Services are suitable for you. The Site and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Site and the Services meet your requirements.

20.8 We are not responsible for events outside our control. If our operation of the Site or provision of the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Events you have paid for but not received.

20.9 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

21 WE MAY END YOUR RIGHTS TO USE THE SITE AND THE SERVICES

21.1 Without affecting any other right or remedy available to us, we may disable your account and any user identification code or password, whether chosen by you or allocated by us, and end your rights to use the Site and Services in the following circumstances:

21.1.1 at any time by contacting you;

21.1.2 as set out in accordance with the provisions of these Terms; and

21.1.3 if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If what you have done can be put right, we will give you a reasonable opportunity to do so.

21.2 If we end your rights to use the Site and Services:

21.2.1 you must stop all activities authorised by these Terms, including your use of the Site and any Services;

21.2.2 you must delete or remove your account details from all devices in your possession and immediately destroy all copies of the Site or any material published on it which you have and confirm to us that you have done this; and

21.2.3 we may remotely access your devices and remove the Site from them and cease providing you with access to the Services.

22 WE MAY TRANSFER OUR CONTRACT WITH YOU TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

23 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

24 NO RIGHTS FOR THIRD PARTIES

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

25 IF A COURT FINDS PART OF THE CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the clauses and subclauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and subclauses will remain in full force and effect.

26 EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27 WHICH LAWS APPLY TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These Terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.