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SOFAR SOUNDS TERMS OF USE 

1. About Sofar

Welcome to Sofar Sounds. Sofar Sounds is operated by Sofar Sounds Limited, with registered address at 5th Floor Roundhouse, 212 Regents Park Road, London, United Kingdom, NW1 8AW and with number 07561876  (“Sofar”, “we” or “us”). We operate a platform through which independent event organisers around the world and in some instances, Sofar itself, offer tickets for sale to music concerts (the “Platform”). 

2. Acceptance of terms

  1. These terms together with the Privacy Policy and any other documents referred to in these terms, set out the basis on which you can use the Platform, whether as a guest or registered user ("Terms"). By using the Platform, you agree to be bound by these Terms. Please do not use the Platform, if you do not agree to the Terms. 
  2. If you need to contact us in relation to these Terms or any other document mentioned in them, please contact us on info@sofarsounds.com. We are always looking for ways to improve the Platform, so if you provide us with feedback on our Platform, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
  3. Sofar’s Platform is for private users not acting in any business or professional capacity, and you confirm that you shall not use the Platform in any business or professional capacity (unless otherwise agreed by us in writing).

 

3. Your Account 

  1. You can view the Platform without creating an account but in order to make a purchase through our Platform, you must register with us and set up an account with a username and password (your “Account”). Our Platform is intended for users over the age of 18 and Sofar does not knowingly collect or solicit any information from anyone under the age of 18. If it is clear to us that we have collected personal information from an under 18 without parental consent, we will delete that information as quickly as possible. You must keep your login details secure and you are responsible for any activities that occur under your Account. To report any suspicion that your Account has been misused, you should contact us at info@sofarsounds.com. 
  2. You may not sell, gift or transfer your Account to another person.

4. Ticket Sales and Payment

  1. The Platform lists live music events (“Events”) to which users may purchase tickets (“Tickets”). You may offer to purchase a ticket  to an Eventby submitting a request from your Account. The contract for the purchase of a Ticket is formed when Sofar sends you a confirmation email stating that your purchase has been accepted by Sofar. We will send that confirmation email to the email address associated with your Account. 
  2. You authorise us to charge your payment card account. By submitting an offer to purchase and providing us with your payment card details at checkout, you authorise Sofar (acting by its payment processor) to charge the relevant account to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.
  3. Sofar currently processes payments via Stripe and accordingly, you hereby consent and authorize Sofar and Stripe to share any information and payment instructions you provide in order to complete payments via the Platform.
  4.  Events may take place in different countries, and Events will be priced in local currency. You shall be responsible for additional charges to which you may be subject by your credit or debit card provider, or any currency exchange rate fluctuations and Sofar does not accept liability for these.

 

5. Your Rights and Refunds

  1. You acknowledge that start and finish times stated in relation to an Event and length of performance are at the Event organiser’s discretion and may be subject to change. The organiser of an Event may alter or vary the programme of an Event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, provided that such changes are not material. If changes are material then you will be entitled to a refund of the price paid for Tickets.
  2. Sofar is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase of Tickets or fail to attend the Event. Please visit our FAQ section of the website for information around refunds.
  3. Should an Event be cancelled, the event organisers will inform you prior to such cancellation and you will be entitled to a full refund of the price paid for Tickets.
  4. Should an Event be rescheduled, Tickets will usually be valid for the new date. If you notify us within the specified deadline that you cannot attend the rescheduled event, may request a refund of the price paid for Tickets. If you don’t respond within the specified deadline that you cannot attend the rescheduled Event then you will not be entitled to a refund.

 

6. Your use of the Platform

  1. You shall not modify, interfere, intercept, disrupt or hack the Platform or knowingly introduce viruses, or other material which would harm the Platform or any user. Nor shall you mine data, scrape or crawl any part of the Platform or disassemble, decompile or reverse engineer any part of it.
  2. You promise that all the information that you supply to the Sofar Platform and your Account shall be accurate, complete and true in all respects and you shall notify us immediately of any changes to such information or if such information becomes out of date.

 7. Rules governing your access to an Event

  1. A Ticket is a personal revocable licence which may be withdrawn, and admission refused, at any time (subject to the Terms). Before you purchase a Ticket, the Platform will generally inform you of any restrictions which apply to entry. Sofar will  not be responsible for the consequences of any failure by you to abide by such information provided pre purchase. 
  2.  The organiser of an Event may refuse entry to or eject from the Event at any time any person:-
  3. who in their opinion is a safety or security risk at or in the vicinity of the Event;
  4. who in their opinion may affect the enjoyment of others at the Event or may cause damage, nuisance or injury (including being drunk, under the influence of illegal drugs, or behaving in a threatening, abusive or anti-social manner);
  5. cannot product a valid Ticket and identification where requested; and
  6. who fails to comply with any onsite rules, to the extent that these are reasonable, requested by an artist, and/or industry standard,
    in each case without liability to that person or the members of their party.
  7. In relation to any Event, you agree that you shall not:
  8. bring with you items which are or may be illegal or contraband;
  9. bring with you any 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); and 
  10. use any photographic or recording equipment unless the event organiser has agreed otherwise.
  11. You are responsible for safeguarding your property when at the Event and both Sofar and Event organisers will have no liability for property that is lost, stolen or damaged when at the Event.   
  12. When attending an Event you agree 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 where the Event is held without any loss of no-claims bonuses and subject to any excess payments. 
  13. 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. You understand that the Event may include loud music, flashing lighting displays, video displays and audience participation and if any of the aforementioned should cause you distress you will notify the organiser of the Event and leave.  
  15. You acknowledge and agree that attending the event comes with an inherent risk of exposure to COVID-19 or any other communicable illness, whether occurring before, during, or after the event, and that by attending the event, you voluntarily assume such risks. You agree that you will comply with any Sofar Covid Policy and any Event specific covid policy of which you are notified.
  16. CCTV and cameras may be present in and at the Event. You can find out more information about your privacy rights by reading our privacy policy.  By acquiring a Ticket to an Event, 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 organiser at the Event and they will arrange for your image to be removed, blurred or concealed in any Footage used. 
  17. You agree that:
  18. you will only bring your own food and/or drink to an Event where this is expressly listed as permitted in the Platform (and shall ensure such food/drink does not emit any strong odour);
  19. you will leave the Event quietly in consideration of people living in and around the vicinity; 
  20. you will follow all reasonable instructions from organisers of the Event while at the Event; and
  21. you may not smoke at the Event. 

9. Our rights in the Service

  1. All intellectual property rights in the materials and content comprising our Platform, including but not limited to images, written content and designs, belong to Sofar or we have permission from the owner to use them in the Platform. Sofar gives you permission to use the materials and content comprising the Platform for the sole purpose of using the Platform in accordance with these Terms. You are not granted any other rights other than as set out in these Terms.
  2. You are not permitted to use the “Sofar” name, or any of the “Sofar” trademarks, logos, domain names and other distinctive brand features, unless otherwise agreed with us in writing.
  3. You may freely browse the Platform but may only access, download, print or use the content 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 Platform must always be acknowledged.

 

10. Consequences of breaking these Terms

If you break our Terms, we may (at our discretion and with or without notice to you) temporarily or permanently ban your use of the Platform and/or eject you from or refuse you entry to Events. We may take legal action against you and you will reimburse any of our costs related to such breach by you. We may also report you to law enforcement authorities as we see fit.

 

11. Ending your relationship with us

  1. If you want to close your Account, then you may do so at any time by emailing us at info@sofarsounds.com from the email address linked to your account. However the closure of your Account will only be finalised once all Events for which you have purchased Tickets, have taken place.
  2. Sofar may also withdraw the Platform for any reason, without notice, at any time and without any liability to you.
  3. At the end of our relationship, we may delete your Account and any other information relating to you. Termination of your relationship with us does not affect any rights you or we had prior to termination.

 

12. Our liability/responsibility to you

  1. Neither Sofar nor any Event organisers accept any liability for you being refused access to an Event where you are in breach of these Terms or acting in contravention of the law.
  2. Sofar intends that the Platform is available as much as possible, but there may be interruptions from time to time for maintenance (scheduled and emergency) and you accept that the Platform is provided to you on an “as available” and “as is” basis. You accept that the internet may be subject to breaches of security and that the submission of information may not be secure. We are not responsible or liable for any loss or harm caused by viruses designed to impair the Platform.
  3. We do not accept any liability for any third party links/websites that are contained in the Platform and you accept that you access such third party links/websites subject to the terms and conditions of those third party websites.
  4. We do not accept any liability in relation to any other user you interact with via the Platform.
  5. Neither Sofar nor Event organisers will ever be responsible for any loss or damage that is not reasonably foreseeable or for indirect losses and/or financial and business loss, or loss of goodwill or reputation. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms are entered into between us, we both knew it might happen.
  6. Subject to the paragraph below, if Sofar or any Event organiser is found to be liable under these Terms, then that liability to you or to any third party is limited to the greater of a) price you paid in relation to the Tickets or Event giving rise to the liability and b) £100. 
  7. Nothing in these Terms (and nothing in paragraph 11.7 above) excludes (i) our liability for fraud, or death and/or personal injury caused by our negligence and/or (ii) an Event organisers’ liability for fraud, or death and/or personal injury caused by that organiser’s negligence.

 

13. Your responsibility to us

If a third party makes a claim against Sofar due to an action or inaction by you (including a breach of these Terms) then we may request that you hold us harmless from any legal claim and cover all our costs associated with such claim. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

 

14. Changes to the Platform

The Platform is constantly developing and improving so we may improve the experience for our users. Sometimes we may need to update, stop offering or supporting a particular feature of the Platform. You agree that a key characteristic of our Platform is that changes to the Platform will take place over time and this is an important basis on which we grant you access. When a change to the Platform has been made, your continued use of the Platform will show that you have accepted any changes to the Platform. You are always free to stop using the Platform and/or deactivate your Account.

 

15. Changes to these Terms

  1. Sofar may update these Terms from time to time, generally where new features are added, there are changes in the law or we need to clarify our position on something. Any changes will take effect on the date set out in the communication we send you notifying you of the update, or at the time the revised Terms are posted. Where you continue to use the Platform then we shall assume you have agreed to the updated Terms.
  2. In the event of a significant change to the Terms, Sofar will try to give you advance warning of any such changes. We may contact you through the Platform(for example by asking you to accept the changes before you continue to use the Platform) or via a separate email. The current version of the Terms are the only terms and conditions that apply to our relationship with you.

16. General legal provisions

  1. If part of the Terms cannot be enforced then the remainder of the Terms will still apply to our relationship.
  2. If you do not comply with these Terms and we don’t take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
  3. We may assign any of our rights and obligations under these Terms.
  4. No third party (except Event organisers, and where applicable, the permitted assign of Sofar) is entitled to the benefit of these Terms under the Contracts (Rights of Third Parties) Act 1999 or any other equivalent law.
  5. Sofar is registered in England and therefore English law will apply to all disputes relating to and the interpretation of these Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Platform. These Terms do not exclude any mandatory legal rights you may have in your country of residence, if local law does not allow us to exclude or limit such rights.
  6. We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance of our obligations under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.