We reserve the right to vary these TOU at any time and without notice. If so, the updated version will be posted on the Website and you will be bound by the updated version if you continue to use the Website thereafter.
1. Your use of this Website
A. The content of this Website is Thambilis and Tantrums property. All rights reserved. Unless otherwise stated, the copyright and other intellectual property rights in all content on this Website are owned by us or our licensors (regardless of registrability) including any registrations, applications or provisional or pending applications anywhere in the world. Except as expressly provided nothing contained herein shall be construed as creating any license or right under copyright, trademark or other intellectual property rights. Any use of extracts from this Website without our prior written approval is strictly prohibited. Any rights not expressly granted in these terms are reserved.
B. Unless otherwise specified, the Website is intended for your personal and non-commercial use only.
C. If you breach any of the provisions of these TOU, your permission to use this Website and attend any Events automatically terminates.
2. Website Etiquette
A. You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or any other information or content (“Material”) that constitutes junk, mail, spam, advertising, commercial offers or promotion for goods and services.
B. You are prohibited from posting or transmitting to this Website any Material which:
- is unlawful, offensive language, harmful, pornographic, threatening, harassing, defamatory, obscene, libellous, invasive of another’s privacy, discriminatory (including any attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age), hateful or violent;
- impersonates any person or entity or misrepresent any connection with any person or entity;
- is inaccurate, incomplete, misleading or which you do not have a right to submit under law;
- breaches the intellectual property rights of any third party (including us, without limitation);
- interferes with or disrupts any part of the Website or contains any viruses, files or codes that is malicious or technologically harmful.
C. You waive your moral rights in any Material you submit to the Website and it shall be considered non-confidential and non-proprietary. In doing so, you agree that you are granting us (and our affiliates) a worldwide, non-exclusive, perpetual, irrevocable and royalty-free licence to use and distribute any of the Material you submitted in whole or in part in any manner and for any purpose, that is, a right (but not an obligation) for us to publish, modify, adapt, reproduce or commercially exploit any Material you posted in any publicity or published material and any other forms of media or technology without seeking further permission from you or any requirement to pay you or attribute to you.
D. You shall indemnify and keep us indemnified against any and all costs, claims, damage and expenses in respect of loss, damage, death or injury arising in connection with any Material you submit to the Website.
E. We reserve the right to monitor Material submitted to the Website by you and intercept any Material which in our opinion breaches the above provisions. In that event we reserve the right to remove or suspend your registration to the Website immediately and without notice.
F. We may without notice and in our absolute discretion remove (either permanently or temporarily), edit or archive any information or Material placed on the Website.
G. We do not endorse any opinion, view or recommendation of any user. We are not responsible for any unlawful or inappropriate Materials submitted or posted by any user.
You may attend Events organised by us through the Website, provided you have obtained the relevant ticket as applicable, you are prohibited from soliciting any persons at Events for the purpose of sales from wholesalers, distributors, retail firms or any other companies or individuals. We reserve the right to refuse sale of tickets and entry to Events at our sole discretion.
4. Information from Third Parties
A. Content on our Website may be provided by third parties. We are not responsible for any information, opinions, advice, statement, description or offer expressed or made available by third parties on or through our Website. We do not guarantee the accuracy, validity, truthfulness, completeness or reliability of any such third party information or content.
B. Links to third party websites are provided solely for your convenience. If you use these links, you leave this Website. We do not control and are not responsible for these websites or their content or availability. We therefore do not endorse, recommend or make any representations about them, or any material found there. You are responsible for your own commercial decisions and you should properly analyse and verify any information you intend to rely upon. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
5. Service Access
While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable for any reason this Website is unavailable at any time or for any period. We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website maybe suspended temporarily and without notice at our discretion including without limitation in the case of system failure, maintenance or repair or for reasons beyond our control.
6. Privacy Statement
We understand and respect your concerns as to the privacy of any information you provide us. We will not distribute any details provided by you to any other third party or mailing lists.
7. Payments and Refund Policy
We may charge you fees for Events organised through the Website by offering tickets for sale. You agree to pay such fees as applicable through secure Paypal method, we operate a no-refund policy and on a first come first served basis. Such tickets are transferrable to another person and only applicable to the Event for which the tickets were obtained, and not for any future Events. We reserve the right to change the amount of any fees payable.
8. Disclaimers of warranty and limitation of liability
You acknowledge that you are using the website at your own risk. The website is provided “as is”, we, our affiliates and third parties hereby expressly disclaim any and all, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained herein or provided by the website. We do not represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omission or loss of transmitted information, or that no viruses will be transmitted on the website.
We, our affiliates and third parties shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of this website, including any events directly organised by us, the providing of the website hereunder, the sale or purchase of event tickets or any goods or merchandise from third parties, your access to or inability
To access the website, including for viruses alleged to have been obtained from the website, your use of or reliance on the website or any of the information or content and material available on the website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
You hereby agree to release us, our affiliates and third parties, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this website, including but not limited to your involvement of events directly organised by us and connected with this website.
9. Termination or suspension of access to the Website
We retain the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
A. Our failure to enforce a provision is not a waiver of our right to do so later.
B. If a provision is found unenforceable, the remaining provisions of these TOU will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.