CURVED: WEBSITE T&Cs
Last updated: October 2022
1. INTRODUCTION
1.1 In these terms and conditions (“T&Cs”), ‘we’, ‘us’ and ‘our’ refers to Psychotrope Limited (trading as “Curved”), a company incorporated and registered in England and Wales with registered address at 2nd Floor Northumberland House, 303-306 High Holborn, London, England, WC1V 7JZ, and registered number 13763115. Our VAT number is 399 9998 68.
1.2 We are a music, entertainment and events organisation, and we operate this website (the “Website”). These T&Cs govern the use of the Website by our Website visitors (“Website Visitors”, “you” and “your”). These T&Cs are a legal agreement between us and you, so please read them carefully.
1.3 If you don't want to or cannot agree to these T&Cs, then you must not use the Website. By using the Website, you confirm that you accept these T&Cs and that you agree to comply with them.
1.4 If you break these T&Cs, we may stop you using the Website, contact you regarding your use of the Website or exercise other remedies that we have available to us at law or in equity.
1.5 We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don't use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Website that rely on our ongoing online services then the new T&Cs will apply. Please check back at our Website from time to time in case of updates to the T&Cs.
1.7 We recommend that you print a copy of these T&Cs for future reference.
2. YOUR RIGHTS AND RESTRICTIONS
2.1 As long as you follow the rest of the terms and conditions in these T&Cs, you can use the Website for your non-commercial, personal use and we grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and license to do the same.
2.2 We use commercially reasonable endeavours to protect our Website and Website Visitors, and it is important that the Website is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct that violates the terms or spirit of these T&Cs.
2.3 The following sets out some of the things that you cannot do with the Website:
2.3.1 do not share, rent, resell, or make available copies of any part of the Website (or any ‘hacked’ versions) or otherwise use the Website commercially in any way except as expressly permitted by law (such as under ‘fair dealing’ or ‘fair use’ laws);
2.3.2 do not exploit ‘loopholes’ or bugs, or use our Website in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other Website Visitors;
2.3.3 do not modify or adapt the Website or hack, merge, translate, creative derivatives from the Website, mimic, disable the Website or tamper with it;
2.3.4 do not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website;
2.3.5 do not make public or commercial use, by any means, of any part of our Website without our prior written consent;
2.3.6 do not provide hyperlinks to, or other forms of links to, our Website:
(a) for obtaining profit or other commercial gain without our express prior written consent;
(b) in any website that is not owned by you; or
(c) in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
2.3.7 do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website;
2.3.8 do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices on our Website; and
2.3.9 do not do anything (or attempt to do anything) which might disrupt use of the Website by us or other Website Visitors, or which could threaten, harass or upset other Website Visitors.
2.4 If we are threatened with or face legal action because you break any of the terms and conditions in these T&Cs, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
2.5 If you breach these T&Cs, we have the right to suspend, terminate or otherwise take under review your licenses granted hereunder.
3. OUR LIABILITY
3.1 Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs, our liability to you for personal injury or death caused by our negligence or the negligence of our employees, agents or subcontractors is not excluded or limited, nor is our liability to you for fraud or fraudulent misrepresentation.
3.2 Other than as mentioned above, our overall liability to you is limited to £10.
3.3 The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
3.4 The Website, along with any updates, upgrades and any additional content, is provided ‘as is’. That means we don't make any promises to you about the Website other than that it will be of satisfactory quality, as described, and fit for purpose.
3.5 We'll use reasonable skill and care to provide the Website, but we can't guarantee there won't be any errors, bugs or interruptions to it, or that it will not cause any problems with your device.
3.6 Please do let us know straight away if you discover any problems with the Website, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Website using the contact details provided at clause 1.6 of these T&Cs.
3.7 The Website may include third party website links and other third party resources. We are not responsible for this content or any activity that you take part in when engaging with any such links, resources or content. We may moderate or otherwise check such content in some instances, but we are not required to do so.
4. PRIVACY
4.1 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 and Cookies Notice and it is important that you read that information. You can access our Privacy and Cookies Notice here: https://curvedmusic.com/cookie-privacy-policy .
5. INTELLECTUAL PROPERTY
5.1 All intellectual property rights in the Website, throughout the world, belong to us and our licensors, and the rights in the Website are granted to you by way of a limited license (and are not sold) to you. You have no intellectual property rights in, or to, the Website other than the right to use the Website in accordance with these T&Cs. Except as otherwise expressly provided in these T&Cs, all rights are reserved by us and our licensors.
6. WEBSITE CHANGES, TERMINATION AND SERVICE OUTAGE
6.1 We may update and change the Website from time to time, for example to reflect changes to our users’ needs and our business priorities.
6.2 We may temporarily discontinue the Website and any and all services and content available through it at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
6.3 We may end your rights to use the Website at any time in the event that you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. If you print off, copy, download, share or repost any part of the Website in breach of these T&Cs, you must, at our option, return or destroy any copies of the materials you have made.
6.4 We may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you, and you will not be entitled to compensation in this event.
7. GENERAL
7.1 These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.
7.2 We may transfer our rights and obligations under these T&Cs to another organisation. We will let you know if that happens and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to the transfer in writing.
7.3 Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.
7.4 Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaking of any term of these T&Cs, 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.
7.5 These T&Cs, their subject matter and their formation are governed by the laws of England and Wales. You and we both agree that the courts of English and Wales will have exclusive jurisdiction, except that you may have the legal right to bring proceedings in your local jurisdiction and if this is the case then you may bring proceedings there.
8. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION
8.1 Should you have any queries or complaints about the Website, please get in touch with us using the contact details provided at clause 1.6 of these T&Cs.
8.2 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.