Effective from October 18th, 2011.

Concert Diary Limited, trading as concert-diary.com, hereinafter referred to as “we” or “us” or “our” provides a service for Concert Promoters to advertise concerts of live music to visitors to this website hereinafter cumulatively referred to as “you” or “your” subject to these terms and conditions, the privacy policy, and any other notices which may be applicable to a specific section or module of this website (as amended from time to time).  We reserve the right to change, modify, add to or subtract from the Terms and Conditions at any time and without notice to you.  It is your responsibility to check these Terms and Conditions periodically for changes.  Your continued use of this website following the posting of any amendments or changes means you accept and agree to the amendments and changes.  

1

Conditions relating to the use of this website and disclaimers

1.1

Your use and continued use of this website is subject to these Terms and Conditions.  By entering and using this website, you agree to be bound by these Terms and Conditions.  If you do not agree to be bound by these Terms and Conditions, DO NOT USE THIS WEBSITE.

1.2.1

We are providing this website on an 'as is' basis and make no representations or warranties of any kind with respect to this website or its contents and disclaim all such representations and warranties. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.  We reserve the right to suspend, cancel and interrupt our Service to you for any period of time and without notice to you.

1.2.2

Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

1.2.3

Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

1.3

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website and all these intellectual property rights are reserved.  You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial or non-commercial purpose, without our express written consent.  You must not edit or otherwise modify any material on the website.  Unauthorised use of any software used in the website or the Service may subject you to civil or criminal penalties, including possible monetary damages for copyright infringement.

1.4

We are not responsible for the content or availability of any other website to which you can link from our website. We therefore disclaim all liability in respect of such contents. We do not authorise you to deep link to or to frame any of the content that appears on our website or to use a representation of any of our business names or logos, trade marks, or brand names contained on this website.

2

Conditions relating to the use of this website by Concert Promoters

2.1.1

In order to place an advertisement on our site you will need to create a Personal Account and then become a member of a Promoter Account. You can be a member of more than one Promoter Account but you should have only one Personal Account.

2.1.2

After your Personal Account has been created you may either request the Main Contact for an existing Promoter Account to invite you to become a member or you may create a new Promoter Account.

2.1.3

When creating your Personal Account you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Personal Account and you must keep your account password secure. You must notify us immediately of any unauthorised use of your Personal Account.

2.1.4

You should only create a Promoter Account for an organisation if no such Promoter Account has already been created.

2.1.5

When you create a Promoter Account you automatically become the Main Contact for that account. The Main Contact for a Promoter Account that has other members may transfer Main Contact status to another member. The name of the Main Contact is disclosed to any user of a Personal Account when they search for an existing Promoter Account. The name and email address of each member of a Promoter Account is disclosed to the other members of the Promoter Account.

2.2

Advertisements should be prepared by carefully following the guidelines on each page of our online concert wizard. After the advertisement has been submitted it will be checked by us before publication. If the advertisement has not been prepared according to the guidelines or is missing information we will return it to you for amendment. We reserve the right to decline any advertisement.

2.3.1

Any list of advertisements in the public section of our website is sorted by the number of Credits that you allocate to the advertisement and then by the date of publication of the advertisement. The advertisement with the highest number of Credits will be displayed at the top of the list. Where two or more concerts have the same number of Credits then the advertisement with the earliest publication date will be displayed higher in the list than those with a later publication date. Users of the website may filter advertisements by a combination of criteria including location, date, performer, composer, composition, genre and era. If your advertisement does not match the filters chosen by a User then it will not be displayed to that User.

2.3.2

A minimum number of Credits may be required before we will publish an advertisement. You will always be advised of the minimum requirement before you submit an advertisement.  We reserve the right to change the required minimum number of Credits without notice.

2.4.1

Credits may be purchased for one advertisement or you may “buy in bulk” and store Credits in the Promoter Account.  Significant savings are available if you purchase Credits in bulk.

2.4.2

If you allocate Credits to an advertisement that we subsequently decline to publish the allocated Credits will be returned to your Promoter Account when you select to Withdraw the advertisement. Refunds are not available for unallocated Credits.

2.5

If you wish to upload a photograph or graphic image to our website for display in an advertisement you must first check that you own the copyright in the photograph or graphic image or that you have a licence from the owner of the photograph or graphic image that will allow the photograph or graphic image to be displayed on our website and on other websites that display our content.

3

Notices

All notices from you to us should in the first instance be made via our Contact Us page. If you are unhappy with our response you should write to our registered office: Concert Diary Limited, 29A Crown Street, Brentwood, Essex, CM14 4BA, United Kingdom.

4

Events beyond our control

We shall have no liability to you for any failure that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

5

Invalidity

If any part of these terms and conditions is unenforceable for any reason, unlawful, void (including any provision in which we exclude our liability to you), then that provision shall be deemed severable and shall not affect the validity and enforceability of any other part of these conditions.

6

Privacy

You acknowledge and agree to be bound by the terms of our Privacy Policy.

7

Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

8

Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

9

Entire agreement

These terms and conditions, together with our privacy policy, set out the whole of our agreement relating to the supply of Services to you by us.  Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered for sale by us.  Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.