1.1 Welcome to the revolution to Uncompromise Creativity. The Floor is defined as (“TF”, the “Platform”, “us”, “we”, definitions include any web sites or mobile applications owned and operated by us globally named “The Floor”), UK Company Number: 11136639. The following (“Terms and Conditions”) relate to your use of The Floor as a viewer, member or subscriber subject to the jurisdiction and laws of England and Wales.
1.2 Please read these Terms and Conditions carefully. By using the Platform in any way, you are agreeing to them. If you are not able to agree to them, you must not use the Platform.
1.3 These Terms and Conditions apply when you first access the Platform, whether as a guest, a registrant. member or a subscriber. We advise that you keep a safe copy of this agreement. We may periodically amend these Terms and Conditions by placing new versions on the Platform. We will place a notice advising that the Terms and Conditions have been changed on our homepage www.thefloor.com and/or email notification to you. Your use of the Platform from the date that the amended terms are placed on the Platform onwards will be governed by those new terms.
1.4 These Terms and Conditions shall supersede any other conditions, understandings, commitments, agreements or representations, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase.
1.5 You hereby represent and warrant that you have full authority and power to agree these Terms and Conditions, that you will not infringe any copyright, trademark, right of publicity or any other legal right of any third party, and will comply with all applicable laws and regulations in using the Platform and in engaging in all other activities arising from, relating to or connected with these Terms and Conditions.
2.1.1 Solicitation of any person related to the Platform, (“Artists”, “Creators”, “Creatives”, “Members”, “Staff”) or the company for any purposes is forbidden in any way. If you wish to contact anyone directly on TF this must be via TF and can be requested at firstname.lastname@example.org Fees may apply for the engagement of any Artists or people.
2.1.2 One account (“Your Account”, “Account”) is allowed per user unless otherwise previously approved by TF.
2.1.3 You will not use any technology to attempt to interfere with the operation or service of the Platform in any way.
2.1.4 You will not attempt unauthorised access to any part of the Platform, users, or any other connected information technology, including the testing of any vulnerabilities.
2.1.5 No automated or manual process will be used to acquire, copy, monitor or trace any part of TF, information on individuals or to copy or embed Platform content elsewhere, or to present TF or content elsewhere unless purposely made available or exceptional permission is granted by TF in advance and in writing.
2.1.7 TF reserves the right to refuse access, use, membership or subscriptions at our sole discretion. This may include checks carried out of suitability at our sole discretion.
2.1.8 TF accepts no liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Platform or any content and/or pages contained on the Platform or available through the Platform, or for any damage caused to your computer and/or associated systems, resulting from your technology. It is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through use of the Platform. We will have no liability whatsoever, howsoever arising for the consequences of any aspect that may impact you in your use of the Platform.
2.1.9 Registering on TF is possible using our online process. You agree to provide an email-ID, your accurate name and details needed for TF to operate. We may use this email-ID and your details for normal interaction purposes and where relevant, subject to your prior consent and without limitation, to contact you with information about the Platform, your registration and/or your transactions.
2.2.0 You are responsible for maintaining the confidentiality of your account details and fully responsible for activity on your account. You will notify us immediately of any unauthorised use of your account or security breach. We are not liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
2.2.1 We shall provide “Info Pages” on the Platform in respect of any artist that is registered with the Platform Artist. Subject to the Artist’s provision of the same, each Artist’s Info Page shall contain a video, short biography, images and details of that Artist. If you wish to subscribe to any particular Artist then you shall click the “subscribe” button (which may be named “become a Member” or other name) and you will be taken to a page setting out the subscription options and fees and payment options to proceed with your subscription to that Artist. You shall pay a separate subscription fee in respect of each Artist that you wish to subscribe to. Upon successfully completing each subscription to an Artist you shall be granted access to that Artist’s “Content” and/or “Fanclub” area.
2.2.2 Subject to the Artist’s provision of the same, each Artist’s Premium Area “Content” shall contain Content and may contain further information and content on that Artist, such as videos, photos, blogs, audio recordings, lyrics, tour dates, tickets, merchandise, quizzes, competitions fan and Artist comments, and links or content from that Artist’s other social network pages. On locked Content in the Artist’s Premium Area, audio and video music streaming can only be accessed via a subscription to “Content” (save for any audio and/or visual music streaming that may be hosted on third party platforms accessible through the Platform from time to time).
2.2.3 At their sole discretion Artists may offer one or more Content to you as a registered user of the Platform (whether or not you are a subscriber) for free download and/or streaming.
2.2.4 In cases of artist merchandise or digital material being made part of subscription packages provided by the Artist themselves, the Artist shall be responsible for fulfilling such merchandise orders and we have no obligation or liability whatsoever to you.
2.2.5 Artist content on the Platform is at the sole discretion of the Artist and we have no responsibility or liability for any Artist’s failure to provide content on the Platform of any kind.
2.2.6 Content uploaded to the Platform is moderated on a best endeavours’ basis. We cannot guarantee the accuracy, integrity or quality of such content. By using the Platform, you agree to own this risk. You accept and agree that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, any legal or equitable rights or remedies you have or may have against us. Notwithstanding the above you may report any such content to us by emailing email@example.com, providing details of the content being reported and a link to the content.
2.2.7 The Platform content specifications is at our sole discretion and that of the Artists. We do not accept any liability whatsoever, howsoever arising for your inability to receive, access or use content.
2.2.8 Platform content if downloaded and authorised, is restricted to your personal and non-commercial use only. We reserve the right to revoke any permissions granted to you on notice. Any software, material or other content downloaded from our Platform is provided on an ‘as is’ basis only.
2.3.0 We reserve the right at our sole discretion to offer discounted subscription fees and/or any other offers, promotions, competitions and gift cards. All your transaction receipts will be emailed to you at the address you provided on your registration to the Platform as proof of purchase.
2.3.1 If any Artist removes their content or leaves unexpectedly during your period of subscription then your subscription to that Artist shall be deemed to end on the date at which the Artist closed access.
2.3.2 You shall be solely responsible for all the content (including, without limitation, comments) you upload to Your Account page on the Platform and post on any other pages on the Platform (“Your Content”) and for the consequences of uploading Your Content. In connection with Your Content, you represent, and warrant that you own or have any necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content.
2.3.3 You will not upload Your Content and/or use the Platform in any way that infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy rights.
2.3.4 You will not encourage, promote or condone activities, comments, links, or otherwise, that are illegal, offensive, pornographic, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive.
2.3.5 We reserve the right to remove anyone or anything, and to terminate access or use at our sole discretion, without notice and without liability of any kind.
2.3.6 You are solely responsible and liable for all of your activity, conduct, behavior relating to the Platform. You bear sole and exclusive risk of any reliance, accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with the Platform.
2.3.7 You indemnify us and agree us as harmless from all damage, costs and expenses or legal fees of any kind incurred by us, as a result of any claim arising from your breach of this agreement.
2.3.8 The Platform design, code, content of any kind, and material used to operate the Platform is owned by us/or vests in us and is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the Platform.
2.3.9 We use reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Platform If you believe any work has been used on the Platform in such a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org with proven details for removal of content.
2.4.0 Trademarks, logos, service marks (the “Trademarks”) on the Platform are registered and unregistered Trademarks. Nothing construes granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our pre-written permission. Any misuse of the Trademarks displayed is strictly forbidden. We will vigorously enforce our intellectual property rights including criminal prosecution.
2.4.1 We reserve the right without prejudice to suspend or remove registration or membership and use of the Platform without notice if made aware of any breach or potential breach by you of these Terms and Conditions.
2.4.2 We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Platform with or without prior notice. We will not be liable to you or to any third party for any suspension, modification or discontinuance.
2.4.3 You can unsubscribe/remove membership from TF or any Artist and/or to close Your Account on the Platform at any time. Unless you delete Your Account in the intervening period, access to the applicable Artist’s page shall end on the day before next due payment.
2.4.5 We are not responsible or liable for any third-party links of any kind, without limitation.
2.4.6 Any material on our Platform may be out of date at any given time, and we are under no obligation to update such material. We may change the content on TF at any time. We may suspend the Platform or close it permanently. We are not liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control.