Terms & Conditions
AV Festival 10 is delivered by Audio Visual Arts North East, an independent charitable company whose objective is to promote electronic art for public benefit in the North East of England. Audio Visual Arts North East was established in March 2007 and is a Company Limited by Guarantee. Registered in England Number 06141603. Registered Charity Number 1120368. The registered office is c/o Tyneside Cinema, 10 Pilgrim Street, Newcastle, NE1 6QG
AV Festival 10's Terms & Conditions are laid out below. By using the website you are agreeing to accept these terms and conditions. If you have any questions please contact info@avfestival.co.uk
1. Use of the website
2. AV Festival 10 eTickets
3. Use of Personal Data
4. Queries and Complaints
1) Use of the website
AV Festival 10 reserves the right to add, change, remove, suspend or discontinue any aspect of the Website at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the website properties without notice or liability to you or any third party.
a) AV Festival 10 makes every effort to ensure the accuracy and relevance of all information contained on this website. However, the publishers cannot be held responsible for any information errors or misfortune arising from use of the site. Before travelling to an event, we strongly advise you to phone and check opening times and dates of events with the host venue or to leave a message for assistance at AV Festival 10. This message service is checked during 10am-5pm, Mon-Friday on Tel: +44(0)191 227 5512
b) We do not accept liability for any damages (including damages for loss of business or profits) arising in contract or tort from the use of, or inability to use the site or any material contained in it. We will not accept any responsibility for any damage to, or viruses that may infect, computer equipment, data or other property, on account of downloading any material from the site. You accept that you are downloading from AV Festival 10 website entirely at your own risk.
c) Some hypertext links from this site lead to pages maintained by other organisations. These links are provided purely for your convenience with no warranty, express or implied, for the information provided within the material.
d) Except where provided, you must not copy, modify, manipulate, transmit, perform, publish, display or create derivative works from the material accessed through this site. All copyright, ownership and intellectual property rights capable of subsisting in the material or derivatives of it from time to time is either owned exclusively by, or is licensed to, Audio Visual Arts North East.
e) This site also contains certain graphics and logos which may not be copied or reproduced in any format or used in connection with any product or service without consent or in any manner that is likely to disparage or discredit AV Festival 10 or its affiliates.
f) Do not, and do not allow or aid or abet any third party (whether or not for your benefit) to, copy or adapt the object code of the Website or Services (including, without limitation, software, HTML, JavaScript, or other code); to reverse engineer, decompile, reverse assemble, modify or attempt to discover any source or object code, circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information.
g) Do not insert any code, product or material to manipulate the content in any way that affects any user's experience.
h) Do not adapt, copy, republish, communicate to the public, display, transfer, share, distribute or otherwise exploit the content, except as under these Terms of Use.
i. Acceptable Use. You will not use the website properties to e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
i) Any material that is false, unlawful, threatening, disparaging, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in AV Festival 10's sole discretion;
ii) Information, software, content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right;
iii) Material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, adware, malware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the website and its properties, interferes with, overburdens, impairs or disrupts the properties or servers or networks connected to the properties, or disobeys any requirements, procedures, policies or regulations of networks connected to the properties;
iv) Information or material of any kind that is false or misleading or that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the website, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from the website; or
v) Any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, or any other form of solicitation.
vi). Encourage, promote, solicit or commit conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
vii). Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii) Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges on the website;
ix). Use or attempt to use another's information, account, password, service or system except as expressly permitted;
x). Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users, including without limitation, through such means as spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the website or for any services or features offered on or through the website;
xi) You represent, warrant and agree that you will comply with the above acceptable use requirements. AV Festival 10 reserves the right, in its sole discretion, to terminate any user's account or take such other action as AV Festival 10 sees fit in relation to any user who breaches AV Festival 10's acceptable use policy or any of the other terms set forth herein. In extreme cases or as required by law or regulation, AV Festival 10 reserves the right to take court action and/or report users to the relevant authorities.
j) Additional Terms Registration may be required for the use of certain services. To the extent there is a conflict between these Terms of Use and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will prevail, unless the additional conditions expressly state that these Terms of Use will prevail. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms of Use will prevail. If you choose to provide information to the website, you agree to provide only true, accurate, current and complete information.
k) Software Any software that we make available for use from the Website and/or our servers is the intellectual property of AV Festival 10 or its licensors or suppliers. Your use of the software may be governed by the terms of an end user licence agreement that may accompany or that may be included with the Software (the "Licence Agreement"). Please carefully read any Licence Agreement to ensure you agree with the terms and conditions governing its use. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, redistribution or other exploitation is expressly prohibited, unless such use, reproduction, redistribution or exploitation is expressly permitted by the licence agreement applicable to such software.
l) Disclaimer of Warranties AV Festival 10 does not warrant that the properties, any of the properties' functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the properties or the servers that make them available are free of viruses or other harmful components. You agree that your use of the website is entirely at your own risk.
m) Disclaimers/Limitation of Liability
Without limitation of anything else set forth in these terms of use, AV Festival 10 limits its liability in connection with your use of the website and its properties as set forth below. Under no circumstances shall AV Festival 10 or its representatives, board, officers or employees be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to:
i) the properties, the content, or your upload information;
ii) the use of, inability to use, or performance of the properties or any of the content or features thereon;
iii) any action taken in connection with an investigation by name or law enforcement authorities regarding your use of the properties or content;
iv) any action taken in connection with copyright owners;
v) any errors or omissions in the properties' technical operation
vi) if any of these terms of use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms of use and the remaining terms shall survive and continue to be binding and enforceable.
p) Termination AV Festival 10 will determine your compliance with these Terms of Use in its sole discretion and reserves the right to restrict, suspend, deny or terminate access to all or part of the website or any service and to deny access to any person in its sole discretion without notice or liability of any kind.
q). Governing Law
These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of England.
a) By ordering tickets you accept these terms and conditions. The terms and conditions are subject to change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes.
b) Purchases.
All purchases are subject to acceptance and product availability. AV Festival 10 aims to ensure that the pricing of products on the web pages is correct at all times; however, the web pages may not accurately reflect the correct details at the moment at which you place your order. AV Festival 10 cannot confirm the price of a product until your order is accepted on despatch and AV Festival 10 reserves the right to change prices without prior notice.
i. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order to AV Festival 10. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
ii. Availability & Delivery of etickets.
Where tickets are unavailable, they will be listed as such. Etickets are dispatched on completion of your payment by email. If AV Festival has insufficient stock to deliver the tickets you have ordered, AV Festival will inform you by e-mail at the address given in your order form and any sum which may have been credited from your credit or debit card will be re-credited to you within 30 days of the date of your order. You warrant that the information given on your order form is complete and accurate.
c) Acknowledgement of Order.
When you have completed your order you will be sent an e-mail confirming your order and an email containing your eTicket. It will state what the items are, and the payment received.
e) Our Contract
A legally binding contract between you and us will be formed when we send you an email confirming that we have despatched the product(s) to you. This email shall represent our legal acceptance of the offer you made to purchase the product(s) when you completed your order. If we confirm to you that some but not other products that you have ordered have been despatched, those product(s) that have not been despatched will not form part of our contract with you. In the event of any change e.g. in price or expected delivery date between completion of your order and contract formation, we shall inform you and you shall at that point have the right to either
i) Accept such change (in which case your email reply will represent a new offer which we will accept upon notification of despatch)
ii) Reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be).
f) Payment
All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and AV Festival 10 will not be liable for any delay or non-delivery.
g) Cancellations
Your statutory rights as a consumer are not affected if, for any reason, you wish to return a ticket bought from AV Festival 10. You will have the right to cancel your order within seven working days of delivery (starting the day after you receive the goods). This is a UK statutory right and will apply to your order unless your order has been broken or damaged by you.
Cancellations of tickets after 7 days of delivery will be dealt with on a case by case basis. Please contact info@avfestival.co.uk For further details.
h) Force Majeure
AV Festival 10 shall have no liability to you for any failure to deliver tickets you have ordered or any delay in doing that is caused by any event or circumstance beyond its reasonable control.
i) Limitation of Liability
Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction.
j) Invalidity of Terms and Conditions
If for any reason part of these terms and conditions is un-enforceable, the validity of the remaining terms and conditions shall not be affected.
k) Governing Law and Jurisdiction
Contracts between you and AV Festival 10 shall be governed by English Law and you and AV Festival 10 submit to the exclusive jurisdiction of the English courts.
l) Your Personal Information
Information collected in relation to your order will not be held for any other purpose than to fulfil your order. AV Festival 10 will contact you to communicate the fulfilment of the order. You details will not be used by us to promote other goods or services to you unless stated.
3) Use of Personal Information
You may choose to restrict the collection or use of your personal information in the following ways:
a) When you are invited to supply information to us look for the statement of use on that page, indicating how we will use your data once gathered. AV Festival 10 makes every effort to ensure personal data stored by us is secure. Unless otherwise stated, AV Festival 10 will not share your details with or sell your details to third parties.
b) If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@avfestival.co.uk
c) You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email: info@avfestival.co.uk If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
If you have a query or complaint about any part of this website or any of the Terms & Conditions laid out here, please contact info@avfestival.co.uk
If you have a complaint, please address your complaint in the first instance to:
Audio Visual Arts North East
c/o Tyneside Cinema
10 Pilgrim Street
Newcastle
NE1 6QG
Email: info@avfestival.co.uk
Tel: 0191 227 5512