Terms of use

Company Information

This website is operated by:
Maronash Limited t/a off the shelf
Registered in England Company number 02739102
Registered office address 1 Main Street, Saltby, Melton, Leicestershire, LE14 4QW

Contact Details

Our contact details are as follows and we look forward to hearing from you.
Telephone 01476 860 127
Email [email protected]

Terms of Service

Please read these terms and conditions carefully. They set out important information relating to your use of the website and the services provided through it, including an online platform for theatres, and live entertainment venues to upload “Content” (which can include information, data, text, graphics, photos, audio, videos and other material) about the shows and performances at such venues (the “Services”).

By setting up an account through the website you are agreeing to these terms and conditions.

We may make changes to these terms and conditions from time to time. Any amendments will be posted to the website. We will also send an email (to the email address that you have provided to us for such purposes) to notify you of any such changes.

These terms and conditions (as amended from time to time) form a legally binding agreement between you and us in relation to your use of the website and the Services (the “Agreement”).

You can terminate the Agreement at any time; please see paragraph 9 (“Terminating the Agreement”) below.

1. Your Account

1. 1. In order to upload Content to the Services you must set up an account (“your Account”). When setting up your Account we will ask you provide us with some details and you must ensure that information is accurate and complete.
  2. In order to set up your Account you must own, manage or run one or more theatre or live entertainment venue (“your Venue/s”); this is something that we will need to verify before we can complete the set up process for your Account.
  3. Your Account must relate solely to the Venue/s you specify (and if these change then you must immediately amend your Account details through the website).
  4. You shall:
    1. be solely responsible (to us and to others) for all activity that occurs through your Account;
    2. keep your user access information secure and confidential;
    3. ensure that anyone who uses your access information to access your Account does so in accordance with the Agreement; and
    4. prevent unauthorised access to, or use of, your Account and notify us promptly of any unauthorised use.

1. Intellectual Property Rights
  1. All intellectual property rights in the website (excluding Content but including copyright, database rights, trade marks, service marks, trade names and all like rights anywhere in the world whether registered or unregistered) belong to us or our licensors (as the case may be). All rights are reserved.
  2. You or your licensors (as the case may be) retain all intellectual property rights in the Content that you upload to the website through your Account.
  3. You acknowledge and agree that in order to enable “Users” of the website (i.e. us, visitors and others uploading Content onto it) to access your Content you need to grant licences for them to do so. When you upload Content through your Account (“your Content”):

1. 1. 1. you grant to us a worldwide, non-exclusive, royalty free, transferable licence to use, copy, store, transmit and display your Content in connection with the provision of the website and the Services and our promotion of the website and the Services; and
    2. you grant to each User a worldwide, non-exclusive, royalty free licence to access, view and use your Content.

You can terminate the above licenses at any time by removing your Content (which you can do through your Account).

1. 1. You represent and warrant that you have and will continue to have for so long as you make your Content available on the website all necessary licenses, rights, consents, releases and permissions which are required to upload your Content to the website, to enable us to make your Content available to Users, to enable Users to view your Content and for you and us to grant the licenses set out in paragraph 2.3 above (including, for example, in relation to any third party intellectual property rights, moral rights, image rights and/or rights of privacy).
  2. You agree that you will not upload any Content to the website that contains third party intellectual property rights or other rights unless you have a formal license or permission from the rightful owner/s.
  3. You acknowledge and agree that the website and the use of the website by Users may be subject to terms of use (as may be amended by us from time to time) and you agree to any such terms of use and to your Content being used in accordance with any such terms of use and have all necessary licenses, rights, consents, releases and permissions to permit your Content to be used in accordance with such terms of use.

1. Your access to and use of the website
  1. You agree that:

1. 1. 1. you will upload Content about your Venue through your Account only;
    2. you will use the website to promote shows and performances at your Venue and not at any venue owned, managed or run by any third party;
    3. your Content will relate to the shows and performances that you are promoting at your Venue and will relate to shows and performances for which tickets are reasonably available;
    4. we can, in relation to shows and performances that have passed the date for the show or performance, automatically archive your Content in relation to that show or performance;
    5. we can sell and include advertising promoting our and/or third party products and/or services (including, but not limited to, banner adverts, masthead adverts, pre-roll adverts and standard display adverts) at any place on the website in each case as we, in our absolute discretion, determine to be appropriate;
    6. you will not, without our prior written consent (and you acknowledge that such consent may be subject to us requiring you to pay us a fee), sell advertising, sponsorships or promotions of third party products, services or third party venues placed within the Services or your Content (for the avoidance of doubt this does not include the selling of tickets for the shows or performances at your Venue);
    7. you will not sell access to the website, the Services or your Content (for the avoidance of doubt this does not include the selling of tickets for the shows or performances at your Venue);
    8. you will not attempt in any way to circumvent or otherwise interfere with any security precautions, procedural controls, or other measures related to or incorporated into the website or the Services (and the software used in support thereof) or attempt to gain unauthorised access to the website or the Services (and the software used in support thereof) or its related information technology systems or networks; and
    9. you will not use the Services or your Content as a way to collect personal data about any user of the website or the Services or any other information such as location and preferences of such Users;
  2. You agree that you will not use the website, your Account, the Services or your Content to:
    1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
    2. send or store unlawful, infringing, offensive, obscene, indecent, discriminatory, defamatory, pornographic, threatening or otherwise unlawful, immoral or tortious Content or Content which may otherwise cause distress or annoyance to Users;
    3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
    4. do anything unlawful, misleading, malicious or discriminatory; or
    5. do anything that could disable, overburden or impair the proper working or appearance of the website or the Services.
  3. You agree that you will not:
    1. interfere with or disrupt the integrity or performance of the website or the Services or its related information technology systems or networks or the data contained therein;
    2. interfere with or disrupt the integrity or performance of any Content uploaded by other Users of the website or Services or any other Users use of the website or the Services; or
    3. modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, transmit or distribute any portion of the website or the Services (and the software used in support thereof).

1. 1. You are responsible for:

1. 1. 1. your Content and the consequences of adding your Content to the website; and
    2. ensuring that your computer system is adequately protected from computer viruses and hackers.

1. 1. You represent and warrant that your Content shall at all times comply with all applicable legislation, regulations, rules, standards and codes of practice (including, for example, in relation to advertising standards).
  2. If we become aware (although this is not to say that we will be monitoring content) that you have uploaded Content which violates the Agreement we may (without liability to you) remove such Content. We will send an email to notify you of any such removal.
  3. If you become aware of any other Users posting Content on the website that may violate the Agreement, please notify us. We may (but have no obligation to) investigate such Content and may (but have no obligation to obligation to) remove Content that we in our absolute discretion deem to violate the Agreement.
  4. You acknowledge and agree that the website is open to all theatres and live entertainment venues. We do not guarantee any exclusivity in any particular territory or in relation to any particular genres or types of shows or performances. You acknowledge and agree that other venues may have the same or similar shows or performances on at the same time as you and that they may upload Content to the website about such shows or performances.

1. Use of “Artspod” branding
  1. You agree that, in consideration of us permitting you to upload your Content to the website, [you will, at your cost include:

1. 1. 1. the Artspod logo (“our Brand”) and the web address for the website www.artspod.co.uk in all your marketing material and on the homepage of your website; and
    2. a link to the website on the homepage of your website.

1. 1. For the duration of the Agreement we grant you a non-exclusive, non-transferable right to use Our Brand.
  2. In relation to your use of our Brand and the web address for the website, you agree that you will:

1. 1. 1. only use our Brand in the form and manner specified by us in our Brand Guidelines from time to time, and not otherwise;
    2. use our Brand and make reference to the web address for the website in a way that is fair and legal and does not damage our reputation or take advantage of it;
    3. not suggest, in your use of our Brand or your inclusion of the web address for the website, that there is any form of association, approval or endorsement by us of your Venue, your Content or any shows or performances at your Venue; and
    4. not include any content in your marketing material that is distasteful, offensive or controversial or which infringes any intellectual property rights or other rights of any other person.

1. 1. In relation to your linking to the website, you agree that you will:

1. 1. 1. only link to the website from a website that you own;
    2. only link to the website in a way that is fair and legal and does not damage our reputation or take advantage of it;
    3. not suggest, in the way that you make the link, that there is any form of association, approval or endorsement by us of your Venue, your Content or any shows or performances at your Venue; and
    4. not display any content on your website that is distasteful, offensive or controversial or which infringes any intellectual property rights or other rights of any other person.
  2. All use by you of our intellectual property and any goodwill arising in connection with your use of our intellectual property shall inure for our exclusive benefit.
  3. We reserve the right to withdraw permission granted under this paragraph 4 at any time and for any reason.

1. The website
  1. We may from time to time change the content on the website (but for the avoidance of doubt we will not, save as provided in the Agreement, make changes to your Content without your permission), change the functionality on the website, update the website, or suspend or discontinue any aspect of the website.
  2. We do not guarantee that the website, or any Content on it, will always be available or that your use of the website will be uninterrupted. We will not be liable to you if for any reason the website is unavailable at any time or for any period of time or your access to the website is delayed, restricted or interrupted.

1. Links to other websites
  1. The website may contain links to third party websites or resources. We have no control over such websites or resources and accept no responsibility for them. These links are provided for information only. If you decide to access any third party websites or resources from the website, you do so at your own risk. We do not recommend or endorse any products or services advertised our or on third party websites or resources. Please note that the terms of use and privacy policy for those websites will be different.

1. Our liability to you
  1. We do not guarantee that that the website will generate any or any particular number of views of your Content or custom for your Venue which will, in large part, be due to factors beyond our control (including the quality of your Content, the location and preferences of people accessing the website etc.).
  2. We do not in any way exclude or limit liability for:

1. 1. 1. death or personal injury caused by our negligence;
    2. our fraud or fraudulent misrepresentation; or
    3. any other liability that cannot be excluded or limited by law.

1. 1. Subject to paragraph 7.2, we exclude all conditions, warranties, representations or other terms which may apply to the website or any Content on it, whether express or implied.
  2. Subject to paragraph 7.2, we will not be liable to you 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:

1. 1. 1. use of or inability to use (whether by you or any User) the website;
    2. use of or reliance on (whether by you or any User) any Content or information displayed on the website; or
    3. any third party use of your Content. You acknowledge and agree that it is for you to monitor any third party use of your Content and that it is for you, in your absolute discretion, to take such action as you deem necessary against any third party infringement of your intellectual property rights (and, for the avoidance of doubt, we shall not be under any obligation to provide you with any notice of or any assistance with any such infringement but may in our absolute discretion agree to do so at your cost and expense).

In particular, we have no liability to you for:

1. 1. 1. any direct loss, save to the extent that we accept express obligations under the Agreement;
    2. any indirect or special loss;
    3. any consequential loss; or
    4. any economic loss (whether direct or indirect) including but not limited to any loss of profit, business interruption, loss of business opportunity, loss of anticipated savings, loss of reputation or goodwill, loss of, damage to or corruption of data.
  2. Subject to paragraph 7.2 and paragraph 7.4, our maximum aggregate liability under or in connection with the Agreement whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed £100.

1. Your liability to us

1. 1. You agree to indemnify us from any losses, damages, liabilities, costs or expenses that we may suffer or incur:
    1. due to any breach by you of the Agreement;
    2. due to any claim made against us by a third party as a result of your Content infringing or allegedly infringing their intellectual property rights or other rights.

1. Terminating this agreement

1. 1. You can terminate the Agreement at any time by closing your Account. If you wish to close your Account please write to us at the address set out above.
  2. We may terminate the Agreement at any time immediately, if:
    1. you commit a serious or repeated breach of the Agreement; or
    2. if we are required to do so by law.
  3. We may terminate the Agreement at any time by giving you reasonable notice if:
    1. we in our absolute discretion no longer wish to provide the website or the Services; or
    2. you have not accessed your Account or uploaded Content to the website for a period of 6 months.
  4. If this Agreement is terminated for any reason
    1. all rights granted to access or use your Account shall terminate and you shall cease to access or use your Account;
    2. we may delete, destroy or otherwise dispose of any of your Content in our possession or control; and
    3. the licenses granted by us to you under the Agreement shall immediately terminate and you shall within 6 months of termination of the Agreement remove all references to our Brand and the website from your marketing material and shall remove all references to our Brand and any links to the website from your website.
  5. If we terminate the Agreement because of your breach of its terms you will not create another Account without our permission.

1. Data Protection
  1. The data that you give us to set up your Account will only be used to administer your Account, we will not share that data with any third parties without your prior written consent. We will hold the data that you give us securely.
  2. You and we both agree to comply with any applicable data protection laws and shall not do anything to put the other in breach of any applicable data protection laws.

1. General
  1. The person accepting the terms of the Agreement on your behalf confirms (i) that that he/she is authorised to enter into this Agreement on your behalf and to bind you to its terms and (ii) that you are not a consumer.
  2. A person not a party to the Agreement shall not have any rights under or in connection with it.
  3. Nothing in the Agreement is intended to, or shall be deemed to, establish any agency, partnership or joint venture between you and us. Neither you nor we may bind the other in any way.
  4. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
  5. We may, at any time, assign or transfer the Agreement or any part of it and/or any rights and obligations arising under it (including the benefit of any guarantee or warranty) to any person, firm or company and you shall if we require, enter into a novation agreement with the us and the transferee or such other documentation as is necessary to give effect to any such assignment or transfer. You will not transfer your Account or your rights or obligations under the Agreement to another person without our prior written consent.
  6. The Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the Agreement.
  7. If a court decides that part of the Agreement cannot be enforced, that particular part will not apply, but the rest of the Agreement will.
  8. Failure or delay in exercising any right under the Agreement shall not prevent the exercise of that or any other right.

1. Governing law
  1. The Agreement shall be governed by English law and we both agree that the English courts have exclusive jurisdiction.

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