SOFAR SOUNDS LIMITED
Website Terms of Use

Welcome to our website www.sofarsounds.com (the “ Website ”). This Website is controlled and operated by Sofar Sounds Limited (“ Sofar ” / “ us ”/ “ we ” / “ our ”). Sofar is a company registered under number 07561876 in England and Wales, whose registered office is at 2nd Floor, 35-47 Bethnal Green Road, London E1 6LA, United Kingdom and whose VAT number is 188 181 182.

1. Acceptance of Agreement

1.1 This terms of use agreement (together with the documents referred to in it) (“ Terms of Use ”or this“ agreement ”) is a legal agreement between you and us for use of our Website and our services (“ Services ”) (the Website and the Services together, the “ Platform ”). Please read these Terms of Use carefully before using the Platform. Using the Website indicates that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Platform. Words and expressions which are defined in the Act (to the extent applicable) shall have the meanings attributed to them therein when used in this agreement unless otherwise defined or the context otherwise requires.

1.2 When using the Website, you must also comply with the following terms, which also apply to your use of the Platform:

(a) our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is true and accurate, current and complete in all respects; and

2. Access to the website

2.1 In consideration of you agreeing to abide by these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, licence to:

(a) use the Platform in order to view the Content (as defined below) and to request tickets to attend a music concert or other live event (“ Event ”) taking place at a venue determined by Sofar (“ Venue ”);

(b) submit, upload or post Content on the Platform strictly as permitted in these Terms of Use and any other applicable terms posted on the Website from time to time; and

(c) communicate with other members of Sofar strictly in accordance with these Terms of Use.

2.2 By accessing the Website, setting up an account, using the Services, or by viewing, accessing, streaming, uploading or downloading any information or Content to/from the Website you represent and warrant that you have read and understood these Terms of Use, will abide by them, and that you are either 18 years of age or more, or if you are under the age of 16 that you have your parent(s)’ or legal guardian’s permission to use the Website.

2.3 Access to the Platform is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the Services we provide on the Platform without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period.

2.4 From time to time, we may restrict access to all or any part of the Platform, generally or to specified users or to users who have registered with us.

2.5 When you visit this Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

2.6 You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Website is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.

2.7 If you breach clause 2.6, you will be committing 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, we reserve the right to immediately cease your right to use the Platform.

2.8 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.

3. Description of the website

3.1 The Platform is a hosting service. Users of the Platform may submit, upload and post audio, text, software, scripts, graphics, music, video, audio-visual combinations, interactive features, photos, videos, pictures, comments, and other data or information (“ Content ”), which will be stored by Sofar, and may be shared and distributed by Sofar with such user, and other users of the Platform, using the tools and features provided as part of the Platform. The Platform also enables registered users to interact with one another, and enables any user of the Platform (who may or may not be registered users of the Platform) to view, listen to and share uploaded Content made available by users. We may, from time to time, release new tools and resources on the Website or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

4. Changes to the Platform

4.1 We may update the Platform from time to time, and may change the Services at any time. Please note that any of the Content on Platform may be out of date at any given time, and we are under no obligation to update it.

4.2 We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.

4.3 We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.

5. Changes to the Terms of Use

We may revise these Terms of Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use this Website. Your continued use of the Platform after the date the modified terms are posted will constitute your acceptance of the modified terms.

6. Your account and Tickets

6.1 You are not obliged to register to use the Platform. However, parts of the Website and certain Services are only available to registered users.

6.2 In order to access some features of the Website, you will have to create either a free user account (“ Basic Account ”) or a subscription user account (“ Premium Account ”). When creating your account, you must provide accurate and complete information. You will need to provide us with your email address and a password for your account and you must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

6.3 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

6.4 You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.

6.5 You agree that you will be solely responsible (to us and to others) for all activity that occurs under your Basic Account or Premium Account.

6.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of such breach.

6.7 You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and that they comply with them.

6.8 We reserve the right to disallow, cancel, remove or reassign certain accounts and links in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

6.9 Users who hold either a Basic Account may request ticket(s) to attend Event(s) and/or purchase tickets to attend Events by using the Services. Your ticket may be in the form of paper, mobile/bar code, email, wristband or chip technology or such other form that becomes available from time to time (“ Ticket ”). Ticket(s) will be allocated by Sofar at its discretion and Sofar cannot guarantee that users will receive a Ticket(s).

6.10 If a user applies for a Ticket and is selected, the user shall be given the option, but not the obligation, to pay a sum of money to Sofar. Sofar may also notify a user of this option to pay after the user has attended an Event.

6.11 Tickets can be cancelled but are not transferable and cannot be resold or offered for resale (including on-line auction sites) or used for commercial purposes including advertising, competitions, contests, sweepstakes or promotions without the prior written permission from Sofar. If this condition is breached the Ticket may be cancelled without refund or compensation and the bearer of the Ticket may be refused entry or removed from the Event. Only persons holding a valid Ticket will be admitted to Events and you must keep your Ticket with you at all times during the Event.

6.12 Please note that the Services may differ in various regions where Events are held and additional services may be offered at Sofar’s discretion depending on the country in which users are based and users may be able to request Tickets to special events at extra cost.

7. Your Content

7.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake:

(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or your access to the Website;

(b) not to engage in any of the Restricted Activities (as defined below), nor control an account that is linked to any of the Restricted Activities;

(c) not to make alterations to, or modifications of, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs or websites;

(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;

(e) to include the copyright notice of Sofar on all entire and partial copies of the Platform in any form; or

(f) not to provide, or otherwise make available, the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

7.2 You agree that when using the Platform you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:

(a) use the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity; or

(b) breach any law, statute, contract, or regulation;

(c) act in a manner that is obscene, defamatory, libelous, unlawfully threatening or unlawfully harassing;

(d) provide false, inaccurate or misleading information;

(e) use an anonymising proxy;

(f) alter or modify any part of the Website or the Service;

(g) use the Platform for any commercial uses unless you have obtain our prior written permission;

(h) collect any personal data of any user of the Platform (and agree that this shall be deemed to include account names);

(i) attempt to gain unauthorised access to the Platform or any networks, servers or computer systems connected to the Platform.

(together the “ Restricted Activities ”)

7.3 You agree that the Content you submit to the Platform will not contain any third party copyright, or materials that is subject to other third party proprietary rights including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us the licence referred to in paragraph 9.5

7.4 Notwithstanding clause 7.1 and 7.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which Sofar suffer or incur directly or indirectly as a result of your use of the Platform otherwise than in accordance with this agreement or any applicable laws.

7.5 You warrant to us that all the information you provide to Sofar is true and accurate to the best of your knowledge.

8. Intellectual Property Rights

8.1 We are the owner or the licensee of all intellectual property rights on the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may freely browse the Website but may only access, download, print or use the Content from the Website for your private use provided that (a) you retain and reproduce all copyright and other proprietary notices contained herein on any such content, (b) the Content shall not be modified in any way and you do not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text and (c) your use does not constitute infringement of the rights of Sofar or any third parties including (without limitation) defamation, or infringement of the right of privacy or right of publicity. Our status (and that of any identified contributors) as the authors of the Content and materials on the Website must always be acknowledged.

8.3 The trade marks, service marks, and logos ( “Trade Marks” ) contained on the Platform are owned by Sofar, our group companies or third party partners of Sofar. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Sofar, the relevant group company or the relevant third party partner of Sofar.

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

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

9. Uploading Content to the Platform

9.1 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

9.2 Any Content you upload to the Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

9.3 By uploading or posting Content to the Platform, you initiate an automated process to direct Sofar to store the Content on our servers, and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of the Content by Sofar on the Platform and elsewhere.

9.4 To the extent it is necessary in order for Sofar to provide you with any of the Services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant to Sofar a perpetual, worldwide, non-exclusive, transferable licence (with right to sub-licence), royalty free and fully paid licence to, including without limitation, use, reproduce, display, sublicence, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public the Content through any media now known, or hereafter developed (including, without limitation, websites other than the Website), for any purpose whether commercial, advertising or otherwise.

9.5 Content is the property of the user who uploaded it, and is or may be subject to copyright, trade mark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set up by the uploading user of the Website or with the express written consent of that user. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content.

9.6 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

9.7 We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user on the Platform.

9.8 We have the right to remove any posting you make on the Platform

9.9 The views expressed by other users on the Platform do not represent our views or values.

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

10. Linking to our website

10.1 You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without prior written consent. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website. Our Website must not be framed by any other site.

10.2 For the avoidance of any doubt, you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

10.3 We reserve the right to withdraw linking permission without notice.

11. Disclaimer

11.1 ALTHOUGH SOFAR WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE CONTENT OF THE WEBSITE, SOFAR SHALL NOT BE LIABLE IN ANY WAY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. THE CONTENT ON THE WEBSITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE QUALITY OF MATERIAL ON THE WEBSITE, AUTHENTICTY, ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTIUCLAUR PURPOSE, OR NON-INFIRNGEMENT OF THIRD PARTIES’ RIGHTS OF THE CONTENT, OR WARRANTIES OR REPRESENTATIONS THAT ACCESS TO THE WEBSITE IS FREE FROM ERRORS OR THE WEBSITE IS FREE FROM COMPUTER VIRUSES. ALL IMPLIED WARRANTIES ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If any of the above exclusions of warranties are unenforceable, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law. Sofar shall not be liable to you or any third party for any damages (including but not limited to, loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, wasted expenditure, management or office time, loss of privacy, and loss of data) or any other indirect, special, or punitive damages whatsoever or injury resulting from your access to or liability to access the Website or from reliance on any content of the Website.

11.2 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury by our negligence.

12. Representations, warranties and indemnity

12.1 You hereby represent and warrant to Sofar that:

(a) any Content that you upload to the Platform, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (where relevant) to authorise Sofar to use the Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publically display, publicly perform, make available and otherwise communicate to the public the Content;

(b) the Content does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of privacy, or rights in confidential information;

(c) you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in the Content in order to include their name and/or image in the Content and to publish the same on the Platform;

(d) the Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation;

(e) the Content does not and will not create any liability on the part of Sofar, its subsidiaries, affiliates, successor, and assignees, and their respective employees, agents, directors, officers and/or shareholders;

(f) you act as the properly appointed and fully authorised agent of any organisation that you register to your account.

12.2 Sofar reserves the right to remove the Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe (in our sole discretion) that any of the Content breaches these Terms of Use or otherwise infringes another person’s rights or violates any law, rule or regulation.

12.3 You hereby agree to indemnify defend and hold harmless Sofar, its subsidiaries, successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:

(a) any violation by you of these Terms of Use;

(b) any third party claim of infringement of copyright or other intellectual property rights or tortious claim arising from the hosting of the Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of the Content by other users of the Platform in accordance with these Terms of Use;

(c) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was cause by the act or default of Sofar.

13. Liability for content

13.1 You hereby acknowledge and agree that Sofar:

(a) stores Content and other information at the direction, request and with the authorisation of its users,

(b) acts merely as a passive conduit and/or host for the uploading storage and distribution of such Content, and

(c) plays no active role and gives no assistance in the presentation or use of the Content.

13.2 You acknowledge and agree that when using the Website, you may be exposed to user submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto (subject to clause 16 below).

13.3 You are solely responsible for all of the Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Sofar excludes all liability with respect to Content and the activities of users.

13.4 You hereby acknowledge and agree that Sofar cannot and does not review the Content created or uploaded by its users, and neither Sofar nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does not or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

13.5 Sofar and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users.

14. Venue

14.1 Sofar, its representative, employees or agents, the organisers of the Event and the Owner of the Venue (collectively the “ Organisers ”) reserve the right to:

(a) refuse entry to any persons who are in the opinion of the Organisers posting a safety or security risk at or in the vicinity of the Venue during, immediately prior to or immediately following the Event; and

(b) request proof that the person has a valid Ticket for the Event or identification for each or any person, without which entry to the Venue may be refused.

14.2 The right of entry to all parts of the Venue is reserved at all times to the Organisers and any other persons authorised by it.

14.3 The Organisers reserve the right to prohibit within the Venue:

(a) items which are or may be illegal. Anyone found in possession of illegal or contraband goods may also be liable for prosecution;

(b) weapons, ammunition, explosives, horns, whistles, drums, fireworks, large umbrellas or any other item which in our reasonable opinion, may cause danger or disruption to any Event or to other visitors (regardless of whether or not such item is illegal or is carried for specific purposes);

(c) items which artists performing at an Event or the management have asked us to prohibit or are otherwise prohibited pursuant to these Terms of Use;

14.4 You are responsible for safeguarding your property when at the Venue and Sofar will have no liability for property that is lost, stolen or damaged when at the Venue.

14.5 When attending an Event in the Venue you agree:

(a) to pay for any losses or damages to the property and contents caused by the you or a member of your party, unless the cost of making good such loss or damage can be fully recovered under any householder's insurance policies maintained by the owners of the Venue without any loss of no-claims bonuses and subject to any excess payments;

(b) not to cause disruption to other people at the Event and further agree to respect the Venue and not to cause any damage to the Venue. You may be ejected from the Venue if, in the reasonable opinion of the Organisers, you are a risk to the safety of others at the Venue and/or may affect the enjoyment of others at the Venue and/or the running of the Event or may cause damage, nuisance or injury. Examples including being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, abusive, threatening, behaving anti-socially, carrying or having on your person any of the prohibited items set out in clause 14.14 above or in breach of any of these Terms of Use. If you do any of the acts mentioned above, Sofar reserves the right to eject you from the Venue and terminate your subscription to the Platform.

14.6 If you are under the age of 18, you must obtain your parents’ or legal guardians’ prior authorisation, permission and consent to attend an Event. Under 16s must be accompanied by an adult.

14.7 You understand that the Event may include loud music, lighting displays, video displays and audience participation and if any of the aforementioned should cause you distress you will notify the Organisers and leave the Venue. You acknowledge and agree that the Organisers are in no way responsible for your wellbeing.

14.8 CCTV and cameras may be present in and around the Venue. By acquiring a Ticket to an Event and/or attending the Venue, you give your express consent to photograph, videotape, or otherwise digitally record or collect your image, likeness, voice, or other information you provide (“ Footage ”), all rights in which will be owned by us or the relevant third party. You also agree that any such Footage may be used by us in any and all media for any purpose at any time throughout the world, including (with the exception of CCTV or security Footage) for commercial purposes without compensation or payment to you. [If you wish that any Footage used by Sofar or the Organisers for any and all media purposes does not contain your image, please speak to the Organisers at the Venue and they will arrange for your image to be removed, blurred or concealed in any Footage used.

14.9 You may bring food and beverages into the Venue.

14.10 You must leave the Venue quietly in consideration of people living in and around the vicinity. Any failure to do so may result in you being refused entry to, or permission to acquire Tickets to, future Events.

14.11 With regard to matters of health and safety:

(a) in the event of an emergency, please follow instructions and directions from stewards and/;or staff;

(b) no smoking is permitted in any part of the Venue; or

(c) prolonged exposure to loud noise may cause damage to your hearing and flashing lights may be used during a performance.

14.12 If you have any convictions or court orders that prevent you from attending events where there are large groups of people or children present, you agree that you will not attend Events organised through or by Sofar. Sofar reserves the right to eject you from any Event or Venue at which you are present in contravention of a court order or conviction.

14.13 Sofar shall not be liable in the event of a cancellation, postponement or material alteration of an Event. It is your responsibility to check the Website for news of any cancellation, postponement or alteration of the Event. Information on such matters will be made available by Sofar as soon as reasonably practicable. You are advised that the Website cannot always be updated immediately and that circumstances giving rise to cancellation or alterations can sometimes arise immediately prior to an Event. Sofar’s liability to you in the event of a cancellation, postponement or material alteration of an Event is to refund to you your payment if you had made such payment to Sofar and/or allocate a Ticket to you for a future Event.

15. Sofar’s liability

15.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

15.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.

15.3 Subject to clause 15.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Platform;

(b) any changes that Sofar may make to the Platform or any part thereof;

(c) any action taken against you by a third party with respect to any alleged infringement of such third party’s rights relating to the Content or your use of the Platform;

(d) any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any Content or any information relating to the Content;

(e) your failure to provide Sofar with accurate or complete information, or your failure to keep your email address or password suitably confidential;

(f) any loss or damage to any computer hardware or software, any loss of data (including the Content), or any loss or damage from any security breach;

(g) any loss of profits, consequential or special loss; or

(h) use of or reliance on any content displayed on the Platform.

15.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.

15.5 Sofar has not reviewed the third parties’ sites that may link to or be linked by the Website and does not endorse and is not responsible for the content of any such third parties’ sites. Accordingly, Sofar makes no representation about and has no responsibility in relation to any material or information you obtain from any such pages or third parties’ sites. Please ensure you check the terms and conditions of those sites before you access them.

16. Termination

16.1 Subject to clause 6.15 in relation to termination rights for users of a Premium Account, for all other accounts either party may terminate this agreement immediately and without notice to the other party. You may terminate this agreement by deleting your account and refraining to use the Platform.

16.2 Upon termination for any reason:

(a) all rights granted to you under this agreement shall cease;

(b) you must cease all activities authorised by this agreement; and

(c) you must immediately delete your account and cease using the Platform and certify to us that you have done so.

Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to or use of the Website.

17. Transfer of rights and obligations

17.1 This agreement is binding on you and us and on our respective successors and assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.

17.3 Sofar may assign, charge, novate or otherwise dispose of this agreement without our prior written consent.

18. General terms

Entire Agreement

18.1 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

Survival

18.2 The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this agreement.

Severability

18.3 Should one or more provision of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Third Party Rights

18.4 These Terms of Use are not intended to give rights to anyone except you and Sofar. No one other than Sofar or you shall have any right to enforce any of its terms. This does not affect our right to transfer our rights or obligations to a third party as described in the Transfer of Rights and Obligations section.

Waiver

18.5 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Law and Jurisdiction

18.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18.7 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Contact us

To contact us, please email info@sofarsounds.com. Alternatively, please write to:

Tom Lovett

2nd Floor

35-47 Bethnal Green Road

London E1 6LA

United Kingdom

LAST UPDATED: 29 May 2015.