Terms of Service

Updated on: 01/05/2015

Thanks for using FestBlast! Please read these Terms of Service and our Privacy Policy carefully before using our products and services, as they are important and affect your legal rights and obligations. By accessing or using our products or services, you agree to be bound by these Terms and by our Privacy Policy.

Welcome to our Terms of Service!

FestBlast's services are owned and operated by Lean Concept Limited (“FestBlast”, “FestBlast.com”, “we”, “our”, or “us”). These Terms of Service ("Terms" or “ToS”) govern your access to and use of FestBlast's web application/site, mobile application, products, and services (collectively, "Services"). We reserve the right to change, modify, or discontinue, temporarily or permanently, Services (or any part thereof) with or without notice.

Lean Concept Limited is registered in England and Wales with company number 09347863 and with its registered office at 20-22 Wenlock Road, London, N1 7GU.

Changes to these Terms

We reserve the right to add, change, modify or delete parts of these Terms at our sole discretion and at any time without notice. You should visit this page from time to time, to review the current Terms so you are aware of any revisions. By continuing to access or use Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using our Services.

Acceptance of Terms of Service

In order to use Services, you need to (i) be either 18 years of age or more, or you are 13 years of age or more and have your parent or guardian’s consent to enter into the Terms, (ii) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You must provide us with accurate and complete registration information, and you agree to keep it that way at all times.

Using Services

FestBlast provides Services that enable you to connect with other people. In addition, our Services help you find and/or offer carpools from/to festival sites. FestBlast cannot and does not ensure the lawful behavior of the people exchanging information through Services. You take full responsibility for ensuring your personal safety when interacting with other people whom you connect with through Services. Please note that we are not involved in the actual face-to-face contact between users of Services. We will not be responsible for any damage or harm resulting from your interactions with other users of Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. We make no attempt to confirm, and do not confirm, any user's purported identity. You are responsible for determining the identity and suitability of others who you may contact by means of Services. We do not endorse any persons who use or register for our Services, whether as passengers or drivers. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to Services. We encourage you to communicate directly with potential drivers and passengers.

We may, in our sole discretion, refuse to offer Services to any person or entity.

User Content

You are solely responsible for any content and other material that you create, submit, post, publish, store, transmit, or display on, through, or with our Services, including but not limited to photos, videos, text, graphics, items or other materials (collectively, "User Content"). You must have rights to publish or share your User Content. You understand that your User Content, including but not limited to material published or displayed in a profile or transmitted publicly or privately to others may be viewable by others. FestBlast is not responsible or liable for any User Content, but we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason. You retain your rights to your User Content. By submitting, posting or displaying your User Content on or through Services, you grant FestBlast a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).

User’s Responsibilities

You aren’t allowed to:

  1. Use FestBlast’s name, logo, trademark or branding without our consent;
  2. Upload, post, transmit, display, copy, distribute, promote, or otherwise communicate to the public anything that:
    • is sexually explicit or pornographic, promotes sexual services, abusive, libelous, defamatory, obscene, vulgar, offensive, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, contains threats, or is otherwise objectionable in our sole discretion; violates the privacy or publicity rights of any third party, 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;
    • is spam, machine- or randomly-generated, or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); contains or installs any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • is unlawful, 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 Services, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to or from Services;
    • is threatening, tortious, disparaging (including disparaging of FestBlast or its affiliates), anything that adversely affects FestBlast;
  3. Stalk, abuse, sexually exploit, violently exploit, groom, act violently toward, threaten or otherwise harass another user;
  4. Impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
  5. Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
  6. Access, tamper with or use non-public areas of Services, our systems or our technical providers' systems;
  7. Use or attempt to use another's information, account, password, service or system except as expressly permitted;
  8. Use any method to access, search, scrape, download or change Services or anything on them;
  9. Downloading (other than page caching) any portion of Services, our Services' content or any information contained therein, except as expressly permitted on Services;
  10. Use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent;
  11. Reverse engineer any of FestBlast’s software, applications or services;
  12. Do anything that violates applicable law or regulations;

Security

We care about the security of our users - we invest in high-quality security and do our utmost to protect user privacy. However, no data transmission over the Internet can be entirely secure; therefore, FestBlast cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You are responsible for your account activity and any information that you send is at your own risk. You agree to not share your password with others or do anything that might jeopardize the security of your account. Please notify us immediately of any compromise or unauthorized use of your account.

Third Party Content

Our Services may display, or contain links to, third party products, service and/or websites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties in Services, or which is accessible through or may be located using Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us. FestBlast does not have any control over any Third Party Content, and is not responsible for their contents, accuracy, integrity, quality or their use. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We shall not be held responsible or liable, for any content, including but not limited to, any errors or omissions in any content, or any loss or damage caused to you by your use of or reliance on any goods, services, or information available on or through any Third Party Content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FestBlast disclaims any responsibility for any harm resulting from your use of Third Party Content.

Mobile Terms of Service

If you use FestBlast's mobile applications to access the FestBlast's Mobile Service, you agree to be bound by the terms in this section, in addition to the rest of these Terms of Service. Your continued use of the FestBlast's Mobile Service is conditioned upon your compliance with these Mobile Terms of Service. By using the FestBlast's Mobile Service, you understand and agree that FestBlast has no obligation to maintain, support, upgrade, or update the FestBlast's Mobile Service, or to provide all or any specific content through the FestBlast's Mobile Service. We may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to our mobile app, consistent with our Privacy Policy.

Copyright Policy

FestBlast respects the intellectual property rights of others and expects its users to do the same. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through Services in a way that constitutes copyright infringement of your intellectual property, you may file a notice of such infringement (“Notice”) to our copyright agent by email at [email protected] (with subject “[Copyright Complaints]”). FestBlast reserves the right, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who infringe the copyrights or other intellectual property rights of others.

Please note that: (i) any video content made available through Services which contains or displays the YouTube logo or which is provided via, including but not limited to the FestBlast player is provided to you by YouTube and from YouTube’s servers, and FestBlast thus does not have the ability to permanently remove all or any such content from YouTube’s servers. Therefore, if you have a complaint concerning any video content made available through Services that is provided by YouTube, you should contact YouTube directly; (ii) any music content made available on or through Services which contains or displays the SoundCloud logo or which is provided via, including but not limited to the FestBlast player is provided to you by SoundCloud and from SoundCloud’s servers, and FestBlast thus does not have the ability to permanently remove all or any such content from SoundCloud’s servers. Therefore, if you have a complaint concerning any music content made available through Services that is provided by SoundCloud, you should contact SoundCloud directly; (iii) any photographic content made available on or through Services which contains or displays the Instagram logo is provided to you by Instagram and from Instagram’s servers, and FestBlast thus does not have the ability to permanently remove all or any such content from Instagram’s servers. Therefore, if you have a complaint concerning any photographic content made available through Services that is provided by Instagram, you should contact Instagram directly.

Intellectual Property

“FestBlast”, “festblast”, “Festblast”, “FestBlast.com”, “festblast.com”, “Fest Explorer”, “Fest Comparer”, “Fest-taste-meter", “Backpack”, “Shout-out”, the FestBlast logo, and any other product or service name, slogan, or tagline displayed in our Services are trademarks of Lean Concept Limited, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the look and feel of Services, including but not limited to all page headers, custom graphics, button icons, code and scripts, is the service mark, trademark and/or trade dress of FestBlast and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos mentioned in Services are property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Unless otherwise indicated, all of the content featured or displayed in Services, including but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by FestBlast, its licensors, or its third-party image partners. All elements of Services are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Disclaimer of Warranties

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED “AS IS”. FESTBLAST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT, SITE, INFORMATION OBTAINED FROM THE SERVICES, OR LINK TO A SITE. WE DON’T MAKE ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. WE DO NOT WARRANT THAT OUR SOFTWARE OR SITES OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FESTBLAST TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING THE SERVICES. YOU UNDERSTAND THAT YOU DISPLAY, DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT THROUGH, THE SERVICES AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability

IN NO EVENT WILL FESTBLAST BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. FESTBLAST SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless FestBlast, our shareholders, directors, officers, employees, contractors, affiliates, and licensors from and against any and all claims, complaints, charges, costs, liabilities, losses, damages and expenses (including attorneys’ fees), arising out of, or relating in any way to (i) your use of Services; (ii) any User Content you use, post, upload, distribute, store or otherwise transmit through Services; (iii) your violation of these Terms.

Termination

You may terminate this Agreement at any time by sending a notice confirming such termination to FestBlast by email at [email protected]

We may, without notice and in our sole discretion, terminate your right to use Services, or any portion of thereof.

Governing Law

These Terms shall be governed by the laws of England and Wales without respect to its conflict of laws principles. By using Services you agree to submit to the exclusive jurisdiction of the Courts of England and Wales in the event of any dispute. Any dispute arising from these Terms shall be resolved in the relevant district court in London. You and FestBlast agree that the jurisdiction and venue of these courts is exclusive. If you use Services from a location outside of England and Wales, you are responsible for compliance with all local laws.

Severability

Should any provision of the Terms be found to be unlawful, void or unenforceable for any reason or to any extent, such provision(s) shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms, together with the FestBlast Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between FestBlast and you concerning the subject matter hereof, and supersede any prior agreement between you and FestBlast. These ToS may only be modified by a written amendment signed by an authorized executive of FestBlast, or by the posting by FestBlast of a revised version.

Contacting Us

If you have any questions or concerns about Services or these Terms, you may contact us at [email protected]

Credit

Some portions of these ToS are borrowed from Wordpress under a Creative Commons license.