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Terms & Conditions

www.downloadfestival.co.uk (the "Website") is owned and operated by Live Nation (Music) UK Ltd ("our", "us" and "we"). We're a company registered in England and Wales with registration number 02409911. Our registered office is 2nd Floor, Regent Arcade House, 19-25 Argyll Street, London W1F 7TS, and our VAT number is 489 7987 40. Our postal address is 2nd Floor, Regent Arcade House, Argyll Street, London, W1F 7TS. info@livenation.co.uk is our email address. Live Nation is our trading name.

These are the Website terms and conditions (the "Conditions"), which apply to the use of the Website by end users. By accessing the Website, you agree to be bound by the Conditions. The Website is provided for the benefit of residents of the United Kingdom who are over the age of 18. If you are not a UK resident, over the age of 18 or do not agree to be bound by the Conditions, you may not use or access the Website and we will have the right to restrict or prevent your access to the Website. If there is anything that you do not understand please feel free to email any enquiry to us at info@LiveNation.co.uk .

1 YOUR OBLIGATIONS

1.1 You will not:

(a)  use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws;

(b)  upload or transmit through the Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;

(c)  use the Website in a manner which (i) may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);

(d)  create or publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website; and

(e)  alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

1.2  You agree that in the event that you have any right, claim or action against any end user of the Website arising out of that end user's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

2 OUR RIGHTS

2.1 We reserve the right to:

(a)  modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

(b)  change these Conditions from time to time. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website; and/or

(c)  monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

2.2  We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.

3 YOUR PERSONAL DATA

We respect your Personal Data and shall deal with it in accordance with our Privacy Statement and applicable UK Data Protection legislation in place from time to time. Please click here to review our Privacy Statement

4 LINKS TO OTHER WEBSITES

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

5 ACCESSIBILITY

We take our responsibility for making accessible web content and software seriously. The Website is committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards, including those defined by the Section 508 website of the U.S. Rehabilitation Act and the W3C's Web Content Accessibility Guidelines. We are actively engaged in the ongoing process of testing the Website and currently comply with accessibility standards Level 1. Many Internet users with disabilities find websites difficult to use simply because of the way they are designed.  The Website has been designed to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers.

6 LIMITATION OF LIABILITY

6.1  Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

6.2  The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions relating to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

6.3  Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.

6.4  Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.

6.5  You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

6.6  Subject to clause 6.7, we will not be liable in contract, tort (including, without limitation, negligence) or otherwise for:

(a)  any economic losses including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

(b)  any loss of goodwill or reputation; or

(c)  any special or indirect or consequential losses, howsoever arising and;

in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.

6.7  Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit.

7 INTELLECTUAL PROPERTY AND RIGHT TO USE

7.1  You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us.

7.2  You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, broadcast, sell, licence, commercially exploit or create derivative works of such material and content.

7.3  Except for Personal Data, any information you submit to the Website, whether by way of comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these Conditions.

8 GENERAL

8.1  If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

8.2  These Conditions (as amended from time to time) contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.

8.3  The Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.  The Website is controlled by us in England.  We make no representations that the Website is appropriate or available for use in other countries.

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TERMS AND CONDITIONS FOR THE USE OF CASHLESS TAGS AT DOWNLOAD FESTIVAL 2015

1    INTRODUCTION

1.1    Download Festival 2015 (the “Festival”) will be a cashless event. You will only be able to pay for goods and services in the Festival site using a tag embedded with an RFID chip attached to your wristband (a “Tag”). You will also need the Tag to access the Festival and certain areas within the Festival.
1.2    The Tag is operated by YouChip GmbH (“YouChip”) and will be issued to you on entry into the Festival when you hand over a valid ticket. If we grant you access to the Festival without a ticket, we may issue you with a Tag at our sole discretion.
1.3    These terms and conditions (“Terms”) govern the relationship between you and Live Nation (Music) UK Limited ("we" "us" or the "Promoter") in relation to your use of the Tag and the services associated with the Tag. Please read these Terms carefully. By using the Tag and/or the services associated with the Tag you agree to comply with these Terms.
1.4    We may change these Terms from time to time by posting an amended version on www.downloadfestival.co.uk (“Website”). Please check our website from time to time to see any changes we may have made, as your continued use of the Tag and/or the services associated with the Tag after these Terms are amended shall mean that you agree to be bound by such changes.

2    ACCESSING THE FESTIVAL

2.1    You must bring your ticket with you to the Festival and exchange it for a Tag on entry. If we grant you access to the festival without a ticket, for example, if you are performing or working at the Festival, you may be issued a Tag at our sole discretion.
2.2    You will only be able to access the Festival and certain areas within the Festival using the Tag that we issue to you.

3    ADDING CREDIT TO YOUR TAG

3.1    In order to use your Tag to purchase goods or services at the Festival you must credit your Tag with funds.  You can credit your Tag (which may hold a maximum balance of £500 at any time) using any of the following methods:
(a)    online using credit or debit card (minimum credit of £1) via the Website before and during the Festival once you have created an online account (see clause 5 below);
(b)    at the top up machines at the Festival using cash or credit or debit card (minimum credit of £5); or
(c)    at the manned top up booths at the Festival using credit or debit card (minimum credit of £1).
3.2    The only way to use cash to add credit to your Tag is by using the top up machines at the Festival. Only notes are accepted by the top up machines. Coins are not accepted. The top up machines do not give change. Any amount you insert into a top up machine will be credited to your Tag.

4    CREATING AN ONLINE ACCOUNT

4.1    By creating an online account you will be able to register your ticket/Tag to your account and, amongst other things:
(a)    credit your Tag before and during the Festival without visiting the top up machines or booths in the Festival;
(b)    receive a refund of any unused credit on your Tag after the Festival; and
(c)    enable us to blacklist your Tag if it is lost or stolen.
4.2    Unless you create an online account and register your Tag, we will not be able to blacklist your Tag in accordance with clause 7 if it is lost or stolen.
4.3    To create an online account you must visit the Website before, during or after the Festival until 15 November 2015 and provide your name, your e-mail address and your ticket number (barcode) if you create an account before the Festival or Tag identification number if you create an account during or after the Festival.
4.4    You may ask us to de-activate your online account by emailing us at info@downloadfestival.co.uk. We will use our discretion when considering your request and only delete your account if there is no unused credit on your Tag and you have not linked your online account to a ticket or Tag.

5    HOW TO USE YOUR TAG  

5.1    You must keep your Tag on your wrist or (where not possible) such other secure location on your person at all times during the Festival.
5.2    You will need to swipe your Tag at access points and/or show your Tag to the relevant Festival personnel in order to access certain areas of the Festival and to exit and enter the Festival. Access to such areas and the Festival will be subject to the terms of your ticket and such other terms as are applicable to that area and/or the Festival.
5.3    You can purchase goods and/or services from vendors at the Festival by touching your Tag on a Tag reader located at the point of purchase, provided that you have enough credit on your Tag to pay for the entire transaction. You may not use the credit on your Tag for any other purpose.     
5.4    The available balance on your Tag will be reduced by the full amount of each transaction.
5.5    Once you have authorised a payment using your Tag, we cannot change, cancel it or provide you with a refund. Refunds for goods or services purchased from a Festival vendor may be processed by that vendor but will be subject to the terms of your agreement with that vendor.
5.6    The credit in your Tag may only be used by you (as the registered account holder). You may not use any Tag other than the Tag associated with your ticket number.
5.7    We are not a party to any contract between you and a vendor at the Festival and shall not be liable for, or in connection with, any goods or services provided or not provided by any such vendor.
5.8    Your Tag is not a credit card, debit card, charge card, or cheque guarantee card, it is not linked to your bank account and the balance on your Tag will not earn interest.

6    REFUNDS OF UNUSED CREDIT

6.1    You may only obtain a refund of any credit remaining on your Tag after the Festival. To obtain a refund you must create an online account (see clause 4) if you have not already.
6.2    If you added credit to your Tag online using a credit or debit card, then the refund will be paid to the first card that was used to add credit to your Tag online.
6.3    If you did not add credit to your Tag online using a credit or debit card, then you must register your bank account details on your online account and the refund will be paid to that bank account. It is your responsibility to ensure that the correct bank account details are registered on your online account.
6.4    Refunds will be paid in accordance with this clause as soon as reasonably practicable after the Festival, provided that you have taken the steps specified in clause 6.1 and 6.3 (if applicable):
(a)    we have no reason to suspect that you have been engaged in fraudulent activity or breached these Terms; and
(b)    we are not prohibited by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority.       
6.5    If you have not registered an online account and provided your bank details on or before 15 November 2015, you will not be entitled to a refund and any credit remaining on your Tag will become our property.

7    LOST, STOLEN AND DAMAGED TAGS

7.1    Subject to clause 10.2, we accept no liability for any loss or damage which is caused to you or any third party as a result of a Tag which is lost or stolen or used without permission, unless this is caused by our negligence.  
7.2    You should treat your Tag as if it were cash in your wallet. If you lose your Tag then any credit which is stored on your Tag account may be lost, as if you had lost your wallet.  
7.3    You shall at all times remain responsible for the use of your Tag and the activity on your online account, whether or not the activity was authorised by you.
7.4    You may not tamper with your Tag. If we reasonably believe you have tampered with your Tag, we reserve the right to disable your Tag and/or reject you from the Festival.
7.5    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.
7.6    We have the right to disable any Tag, user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms.
7.7    You must immediately notify a member of staff at one of the service points in the Festival if your Tag is lost, stolen, damaged or if you know or suspect that anyone has used the credit on your Tag or knows your user identification code or password and provide your account username (if you have created an online account) and any other information reasonably required to verify your identity or deactivate, suspend, or cancel your Tag.
7.8    If, in our reasonable opinion, a Tag is damaged (other than through tampering), lost, stolen or destroyed, a replacement tag shall be issued as soon as reasonably practicable. Any replacement tag will be deemed to be a Tag for the purposes of these Terms.
7.9    If you have registered your Tag to your online account, we will attempt to blacklist your Tag and you may be able to claim a refund of credit remaining on your Tag after the Festival. Such refunds will be paid in accordance with clause 6. If you have not registered your Tag online, we will not be able to blacklist your Tag.
7.10    Unless you return your original Tag in working order to us when you request a replacement Tag, the replacement Tag will not be linked to your existing online account and you must provide a new email address to create an online account and register such replacement Tag to that account.

8    YOUR PERSONAL DATA

8.1    Any personal data which you provide to us from time to time in connection with your Tag may be used by us and our partners, including, without limitation, YouChip and/or Wirecard Bank AG (our payment service provider):
(a)    to administer your Tag account, process transactions, provide you with the assistance and services you request;
(b)    to carry out our obligations arising from any contracts entered into between you and us; and
(c)    to notify you about changes to our service, Website and/or the Festival.
8.2    It is your responsibility to ensure that any information you provide to us is complete, accurate and that it remains up to date.
8.3    For more information on the way we use your personal information read our Privacy Policy available at www.livenation.co.uk/privacy.

9    OUR RIGHTS OF TERMINATION, CANCELLATION OR TO REFUSE A TRANSACTION

9.1    Without prejudice to any of our other rights, we may (without giving you prior notice) terminate our agreement with you, cancel or suspend your Tag or online account, or refuse a transaction, if we have reason to believe that the Tag or online account is being used fraudulently, illegally, or in breach of these Terms.  In these circumstances we may refund any unused credit on your Tag account at our discretion, provided that we act reasonably. Any refund, if given, will be processed in accordance with clause 6.

10    OUR LIABILITY TO YOU

10.1    We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable (except as set out in clause 10.2).  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it is contemplated by you and us at the time we entered into these Terms.  
10.2    We do not exclude or limit our liability under these Terms for:
(a)    death or personal injury caused by our negligence;
(b)    fraudulent misrepresentation; or
(c)    any other type of liability which cannot by law be excluded or limited.
10.3    We do not warrant or represent that:
(a)    your use of the Tag or Website will be uninterrupted, error free; or
(b)    the payment points will always be available at vendors at the Festival.

11    GENERAL

11.1    The invalidity or partial invalidity of any provision of these Terms shall not prejudice or affect the remainder of these Terms, which shall continue in full force and effect.  
11.2    If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.3    Our failure to exercise, or delay in exercising, any right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy.
11.4    These Terms and the documents referred to in it, constitute the entire agreement between you and us in relation to the Tag and the services associated with the Tag and supersede any previous agreement or arrangement between the parties relating to the same.
11.5    Subject to clause 10.2, the parties agree that they have not entered into this agreement in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) except as expressly set out in these Terms.  
11.6    These Terms only apply to your relationship with us regarding the Tag and the associated services and they do not affect (and are in addition to): (a) any terms and conditions governing Festival tickets and/or entry into Festival areas and (b) any agreement between you and a vendor of goods or services at the Festival (including any statutory rights you may have as a consumer).
11.7    No other person, other than you or us, shall have any right to enforce these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
11.8    We may assign our rights and benefits at any time without prior written notice to you and may subcontract any of our obligations under these Terms.
11.9    We shall not be liable for any delay or failure in the performance of our obligations under these Terms to the extent such delay or failure results from an event that is outside our reasonable control.
11.10    These Terms shall be governed by and construed in accordance with the laws of England and Wales. You and we hereby submit to the exclusive jurisdiction of the Courts of England and Wales (including in relation to any non-contractual disputes or claims).

12    CONTACT US

If you require any assistance in relation to the Tag, please contact us using the contact details below:
info@downloadfestival.co.uk

LAST UPDATED: 5 May 2015