2 Access and use
4.2 You hereby irrevocably and unconditionally assign to Taste Festivals (by way of present assignment of present and future copyright) and in perpetuity all rights of any nature in and to your Content (including, without limitation, intellectual property rights) throughout the world including all renewals and reversions thereof. You hereby agree to waive all rights known as “droit moral” or moral rights (as described in Part I, Chapter IV of the Copyright Designs and Patents Act 1988) and any similar rights of authors anywhere in the world (whether now existing or hereafter created) in your Content. You agree, in such, circumstances, that you are not entitled to any compensation from Taste Festivals or any of its associated companies.
4.4 Taste Festivals may aggregate all or any portion of the Content and any information associated with the Content or your use of the Portals and the Services (collectively, “Aggregated Data”). Taste Festivals shall own exclusive rights, including without limitation all intellectual property rights, in and to the Aggregated Data and shall be entitled to the unrestricted use and sharing of the Aggregated Data for any purpose, commercial or otherwise, subject to compliance with applicable data protection and privacy law.
4.5 Content (excluding account information, payment information, and other similar information) will not be treated as confidential, unless required by applicable law.
4.6 You are prohibited from posting, transmitting to or submitting via the Portals any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred or otherwise objectionable, discriminatory, degrading, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or have the effect of being harassing; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.8 The Portals must be used only for lawful purposes, in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Portals by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Portals. Further, by way of example and not limitation you shall not use any posting or any area of the Portals:
(a) to harm children in any way including without limitation any offences in relation to grooming of children online under UK law or under any similar laws in any jurisdiction; or
(b) to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation or relationship with any person or entity or disguise the origin of any content; or
(c) to collect store and/or identify private or personal information of a user.
4.9 We reserve the right to monitor, suspend, restrict or terminate your access to the Portals or to monitor, suspend, remove, destroy, copy or use any content that is posted on the Portals (of any nature and however it may have been inserted or posted) at any time without notice at our discretion.
4.11 Whilst we endeavour to publish up-to-date information on the Portals, the information may nevertheless become out of date over time. To the extent permitted by all relevant laws, no liability is accepted by us or any of our affiliates for any inaccuracy or incompleteness of the Portals or for the failure to update the information contained on the Portals.
4.12 Taste Festivals may display advertisements and promotions from third parties in the Portals or may otherwise provide information about or links to third-party products or services on the Portals (“Third-Party Content”). Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We do not independently verify Third-Party Content, make no representation as to its accuracy, and assume no responsibility or accept any liability (to the extent permitted by any applicable law) for your use of any Third-Party Content and any consequences of that use, including, without limitation, any damages, injuries or results that may result from its use. Any forum or chat room we may provide is intended as a service to its members and the general public and if we give you the opportunity to display, post, stream, submit, transmit and/or exchange your ideas, information, opinions, works (including but not limited to photographs, images, video, creative works or other information, messages, transmissions or material to or with us, on the Portals or to others (“Post” or “Postings”) we do not endorse any Posting and it does not reflect the views of Taste Festivals or any of its associated companies.
4.13 Any offers or promotions made available to you via the Portals are subject to availability and may be subject to further conditions including, without limitation, conditions in respect of goods and services the provision of which are subject to age restrictions.
4.14 Submissions by visitors to the Portals, including feedback data such as questions, comments, suggestions regarding the content of the material on the Portals shall be deemed to be non-confidential and in the public domain. We shall have no obligation of any kind with respect to such submission and, by submitting any such feedback, information, data or any material whatsoever, you hereby consent that Taste Festivals or any of its affiliates shall be free to reproduce, use, disclose, and distribute the information that such submissions contain to others without limitation. Potential uses may include, without limitation, use of ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, such as, for example but not by way of limitation, all forms of communication to the public (in all technological mediums whether now known or as may be developed in the future), rental or lending, developing, manufacturing and marketing products incorporating such information.
5 Copyright and Other Intellectual Property
5.1 The names, images and logos identifying Taste Festivals, the Services and any of Taste Festivals’ associated companies or third parties and their events, programmes, products and services are proprietary marks of Taste Festivals, its associated companies and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under or in respect of any intellectual property rights of Taste Festivals, its associated companies or any other third party.
5.2 The Portals contain material that is derived in whole or in part from material supplied and owned by Taste Festivals and from other sources. All copyright, trademarks and other intellectual property rights in the Portals (including the design, arrangement and look and feel) and all material or content supplied as part of or via the Portals shall remain at all times the property of Taste Festivals or Taste Festivals’ licensors. You agree that you do so only for your own personal, non-commercial use. You must not, and must not permit or assist in any way any third party to, copy, reproduce, republish, download, post, store (including in any other web site or medium), distribute, transmit, broadcast, commercially exploit or modify in any way such material or content without Taste Festivals’ prior written permission.
6 Links to and from other websites
6.1 Taste Festivals does not control and is not responsible for the availability or content of any third party websites or material you access through the Portals. Links to third party websites or material on the Portals are provided solely for your convenience. If you decide to visit any linked site or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Taste Festivals does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or materials (including payment for and delivery of such products or services).
6.2 Taste Festivals is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or materials. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
6.5 To the extent permitted by law, Taste Festivals disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to or from the Portals.
6.6 Links do not imply that Taste Festivals endorses, is affiliated or associated with any linked website or materials, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Taste Festivals or any of its affiliates or licensors.
7 Competition Standard Terms
7.4 All entries must be made in the entrant’s own full name. Where applicable, Taste Festivals will only issue prize cheques made payable in the winner’s name as given to Taste Festivals at the time of entry.
7.5 Closing Date: the closing date for a competition is the date and/or time as stated in the instructions for the respective competition and, unless otherwise stated, entries must be received by Taste Festivals on the closing date by the following times (in accordance with the method as permitted in the relevant competition rules:
(a) midnight for entries by email and/or online; or
(b) 5pm for entries by post or other method; or
(c) midnight for entries by telephone or SMS (unless on live or as-live programming; or
(d) as may be otherwise directed in respect of competitions on live or as-live programming.
7.6 Where competitions are by telephone or SMS, the costs of entry will be stated in the relevant specific terms of the competition.
7.7 One entry per household unless expressly stated otherwise in the relevant specific terms.
7.8 There are no prize substitutions or cash alternatives and the prizes are not transferable. Taste Festivals reserves the right to select an alternative winner and award the prize to another entrant in the event that:
(a) it has reasonable grounds for believing that an entrant has contravened any term or condition of entry;
(b) a winner has changed address to one outside of United Kingdom, Eire, the Channel Islands or the Isle of Man after the closing date;
(c) it is unable to contact the winner within 24 hours of selecting the winner;
(d) it does not receive confirmation of the winner’s address as may be requested within 24 hours.
7.9 Taste Festivals will have sole and absolute discretion as to whether to accept any entry and Taste Festivals may rely upon its own records and information in determining whether contestants are eligible to receive a prize.
7.10 In any matters concerning any part of the competition or any part of the solution to the competition, whatsoever, Taste Festivals decision will be final and no correspondence or discussion shall be entered into with you or with any other person acting on your behalf regarding the decision whatsoever.
7.11 A winner will generally be notified either by email, telephone or post within 14 days of the relevant closing date or such other times as may be specified by Taste Festivals in its absolute discretion.
7.12 Subject to confirmation by Taste Festivals of the winner’s address as may be requested, the winner will generally receive the prize within six to eight weeks from the closing date or as set out in any specific terms for the respective competition.
7.13 No responsibility can be accepted for entries lost, delayed, misdirected, damaged or undelivered. Incomplete, inaudible and/or illegible entries will be disqualified. Taste Festivals shall not be responsible for technical errors in telecommunications networks, internet access or otherwise preventing entry to any competition.
7.14 Where any prize involves travel, all arrangements, including but not limited to travel times and dates, shall be in accordance with the restrictions specified by Taste Festivals and, unless stated otherwise in writing, shall take place within 12 months of the relevant closing date. Winners are advised to obtain all necessary travel insurance, obtain any necessary medical advice for their trip and confirm all necessary travel documents, including a passport, prior to any travel.
7.15 Taste Festivals shall not be liable for any delay in performing or partial or total failure to perform any of its obligations to the winner(s) under these Competitions Terms if such delay or failure is caused by circumstances beyond its reasonable control including without limitation delays, changes, disruptions, cancellations, diversions or substitutions howsoever caused including without limitation, war, terrorist action or threatened terrorist action, strikes, hostilities, civil commotions, accidents, fire, flood or natural catastrophes arising without limitation out of or in connection with the activities of any third party and/or any form of transportation (including but not limited to flights, trains, coaches, buses, ferries, taxis or cars). For the avoidance of doubt, the winner(s) shall be solely liable for any additional costs incurred as a result.
7.16 To the extent permitted in law, Taste Festivals shall not be liable to the winner(s) for any loss or damage howsoever caused (whether in contract, tort or statutory duty or otherwise) arising out of or in connection with the competition and/or prize other than death or personal injury caused by negligence of the Promoter and/or the Promoters personnel and/or deceit or fraud by Promoter and/or Promoter’s personnel.
7.18 A list of winners for each competition can be obtained by sending a stamped addressed envelope marked clearly “[INSERT NAME OF THE RELEVANT COMPETITION]” to Taste Festivals within 30 days from the date of the closing date of the competition.
7.19 Competitions Terms shall be governed by and construed in accordance with the laws of England and in relation to any disputes arising therefrom, shall be subject to the exclusive jurisdiction of the courts of England.
8.1 While Taste Festivals endeavours to ensure that the information and other materials created by us and included on the Portals are correct, such information and other materials may contain, inter alia, inaccuracies and typographical errors. Taste Festivals does not warrant the accuracy or completeness of any information or materials on the Portals or the reliability of any statement or other information displayed or distributed through the Portals (including, without limitation, the availability of a particular programme and/or the information provided by third parties through the use of the Portals). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Taste Festivals reserves the right, in its sole discretion, to edit at any time any part of the Portals and to make changes to the Portals and to any events materials, products, programmes, programs, services or prices described in the Portals at any time without notice.
8.2 The material on the Portals, including but not limited to the information, names, images, pictures, logos and icons relating to the Portals, Taste Festivals and/or any of Taste Festivals’ associated companies, events, programmes, products and services (or to third party programmes, products and services) is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.3 Taste Festivals does not warrant (and none of its associated companies warrant) that the functions contained in the Portals will be uninterrupted or error free or that any defect will be corrected or that the Portals or the content available on or via the Portals or the server that makes either available are free of viruses or bugs. Taste Festivals does not represent (and none of its associated companies represent) the full functionality, accuracy or reliability of any material. Taste Festivals may terminate, change, suspend or discontinue any aspect of the Portals, including the availability of any features of the Website, at any time without notice or liability.
8.4 The Application Store Providers (as defined below) have no warranty obligation whatsoever with respect to the Mobile App or the Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Mobile App.
9 EXCLUSION AND LIMITATION OF LIABILITY OF TASTE FESTIVALS LTD
9.1 Subject to 9.3, Taste Festivals, any other party (whether or not involved in creating, producing, maintaining or delivering the Portals), and any of Taste Festivals’ associated companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort including without limitation negligence, contract or otherwise) in connection with
(a) the Portals in any way; or
(b) the materials on or removed from the Portals;
(c) your acceptance or use of any prize in any of our competitions;
(d) the use, inability to use or the results of use of the Portals;
(e) any websites linked to the Portals or the material on such websites.
9.2 Clause 9.1 applies but is not limited to loss or damage due to communication-line failure, delay in operation or transmission, destruction, network or system outage, theft, unauthorized access, viruses or corrupt files that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Portals or your downloading of any material from the Portals or any websites linked to the Portals. This shall apply even if Taste Festivals or any of its associated companies or licensees have been notified of the possibility of any damage.
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability, which cannot be excluded or limited under applicable law, including without limitation consumer protection law.
9.4 If your use of material on the Portals results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.5 Without prejudice to any of the provisions in this paragraph 9, the liability of Taste Festivals shall not exceed the amount, if any, paid by you to access this Website or 10 pounds, whichever is greater.
10 YOUR RESPONSIBILITIES AND INDEMNITY
10.1 By transmitting, posting on or submitting any Content via the Portals you:
(b) warrant all information provided by you to Taste Festivals is true, accurate and up to date in all respects;
(c) warrant your contribution is your own original work and you have the right to submit it and assign to Taste Festivals all rights in it and it will not infringe the rights of any third party or breach any laws; and
(d) irrevocably waive any moral rights in your submission.
10.3 In the event of any claim that the Portals, or your possession or use thereof, or the Services infringe any intellectual property rights of a third party, you agree to contact Taste Festivals directly, and the Application Store Providers will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. Taste Festivals will, at its option and expense, terminate the licence granted herein, settle, or defend the claim.
11 Mobile App
11.1 This Term of Use is a binding agreement between you and Taste Festivals, and not with Apple Inc. or Google Inc. (the “Application Store Providers”). Taste Festivals, not the Application Store Providers, is solely responsible for the Mobile App and the content thereof and for the Services.
11.2. Ownership of Mobile App. The Mobile App is the valuable property of Taste Festivals and our licensors and is protected by copyright and other intellectual property laws and treaties. Taste Festivals, and our licensors, own all right, title and interest in and to the Mobile App, including all copyright and other intellectual property rights therein.
12.2 Account. You must be a registered user in order to purchase Concessions through the Services. You are responsible for all charges incurred in connection with your account. Taste Festivals may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Taste Festivals reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Taste Festivals will allow you to register again.
12.3 Pricing and Payment. We may accept various forms of payment, including cash, credit and debit cards and other payment systems, including payment systems provided by third parties. If you use third party payment providers to make a payment, additional terms will apply.
Unless otherwise indicated, the purchase price of Concessions will be billed in full at the time you make your purchase. By submitting an order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in order to proceed with your order. Prices are subject to change without notice. We reserve the right to refuse or cancel orders at any time and in our sole discretion.
12.4 Taxes. If your use of the Services (including your purchase of Concessions) is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”“), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services or Concessions.
12.6 Errors. We attempt to be as accurate as possible and to eliminate errors on our Portals; however, we do not represent or warrant that any Concession descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
12.7 Regulated Concessions. You may not purchase any regulated Concessions such as alcoholic beverages and other similarly regulated Concessions unless you are permitted to do so under applicable law. You may not purchase any alcoholic beverages unless you are at least 18 years of age, and you may not provide any alcoholic beverages to any other individuals unless they are at least 18 years of age.
You may not use or otherwise export or re-export the Portals or any content contained therein, except as authorized by applicable law
You agree to comply with all applicable laws and regulations, including export control laws, and all applicable third-party terms or agreements in the use of the Portals and the Services.
Taste Festivals reserves the right to modify or discontinue, temporarily or permanently, the Portals or the Services (or any features or portions thereof) without prior notice. You agree that Taste Festivals will not be liable for any modification, suspension or discontinuance of the Portals or the Services (or any part thereof).
18 Law And Jurisdiction
18.3 Taste Festivals neither warrants nor represents that materials on the Portals will not infringe any third party rights. Taste Festivals makes no representation that the materials in the Portals are appropriate or available for use in other locations and other countries. If you choose to access the Portals from other locations or other countries you do so at your own risk and choice and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable.
19 Your Feedback And Complaints