Terms & Conditions

PLEASE NOTE: This legal notice applies to the entire contents of this website under the domain names stillgigging.com and stillgigging.co.uk and to any correspondence of any kind between us and you. Please read these terms carefully before using this Website as using it indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms please do not use this Website.

This notice is issued by Still Enterprises Limited (Company) and relates to the following domains owned and operated by Still Enterprises Ltd; trading as stillgigging, stillgigging.com and stillgigging.co.uk:

stillgigging.com, stillgigging.co.uk, stillgigging.eu, stillgigging.org, stillgigging.net, stillgigging.biz.

1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of Still Enterprises Limited, a company registered in England under registration no. 05953345 ("Stillgigging", "we" or "us"), in relation to this site and the services offered by Stillgigging through the site. You must take the time to read and understand it. By using our website or registering with Stillgigging you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 2 below

2. Modification of these terms & conditions of use
Stillgigging reserves the right to change the Agreement with its Members including but not limited to the charges, if any, associated with the use of the stillgigging websites from time to time, and post the new version on the stillgigging website. When we do so, we will notify Members of the fact that there are changed terms on the main screen at stillgigging.com, and post the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately.

3. Membership and fees
People who register for the stillgigging service become "Members" and they must be at least 14 years of age. Membership is currently free and entitles you to full access to all services available through the stillgigging service. Stillgigging reserves the right to cease offering any or all of its services free at any time. Stillgigging will inform members by email if a service is to be offered in the future for a fee. Members can then decide whether to continue to use the service(s). Continued use of the service one month after being advised of a fee change will be considered acceptance. Failure to pay the fees will lead to cancellation of your account and no refund in part or full will be offered.

4. Registration and types of member
You undertake to register for the stillgigging service using accurate and current information about yourself - including your correct name, address and any other requested details.

There are currently two types of member:
1) Fans
2) Bands/artists/venues 

5. Privacy Policy
The privacy policy of stillgigging forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the stillgigging service (including any which contain personal information) is, of course, accessible to internet users around the world. Our privacy policy, to which Members agree when registering for (or making any use of) the stillgigging service, provides detailed provisions concerning our approach to privacy and data protection matters. You must take the time to read and understand it.

6. The role of stillgigging
You, as a Member who visits the stillgigging service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the stillgigging service or outside of it. We only provide a place where the stillgigging Service may be accessed. In particular, you should be aware that stillgigging does not pre-screen or monitor the material contributed by Members.

7. Additional services
stillgigging or its affiliates may offer new or additional services through the stillgigging service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

8. Operation of stillgigging services
Stillgigging reserves the right to withdraw or modify one or more aspects of the stillgigging service where we have serious legal [or technical] reasons to do so (including technical difficulties experienced by stillgigging or on the Internet). There may be times when the stillgigging Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the stillgigging Service.

9. Misuse of stillgigging.com service
We reserve the right (a) to suspend or terminate any Member's access to the stillgigging Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the stillgigging service, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the stillgigging service without our prior consent. You are responsible for everything which is done on or through the stillgigging service while your Membership account is logged on to the stillgigging service, or through your email address (es). In addition, we reserve the right to suspend or terminate any Member's access to the stillgigging service, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through the stillgigging service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the stillgigging Service, we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.

10. Relevance
In accordance with clause 4, above, members who are fan Members must not:
include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the stillgigging service
place material on, or otherwise use, the stillgigging service for any business or commercial purpose; or
use your access to the stillgigging service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

11. Alerting stillgigging
If you see anything on the stillgigging service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us here . We do not generally monitor material contributed by Members before it is placed on the stillgigging service and so we are reliant upon users to point out any which infringes this Agreement.

12. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the stillgigging service which appears, whether based on information received from Members or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the stillgigging service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the stillgigging service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement.

13. Disclaimer and Release
Stillgigging has no control over or responsibility for the truth or accuracy of any material available on stillgigging.com, whether provided by Members or others.
If any third party sites are linked to from the stillgigging service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
You should exercise no lesser degree of caution in appraising what you see on the stillgigging service than you do offline.
Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
Your use of the stillgigging service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release stillgigging its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the stillgigging service and the material included here by Members and other third parties.

14. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the stillgigging service (including the material which is contributed by Members) are owned by stillgigging. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the stillgigging service, or any of the material which is found on the stillgigging service unless properly licensed to do so by us.
By submitting any material to the content to the stillgigging service, you:
are representing that you are fully entitled to do so;
grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

15. Excluded loss
We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Stillgigging will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

16. Non-excluded Liabilities
Nothing in this Agreement limits stillgigging’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

17. Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the stillgigging service.

18. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of stillgigging assign or dispose of this Agreement.

19. Entire Agreement
This Agreement includes our privacy policy. Together they contain the whole of the agreement between us and you concerning the stillgigging service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

20. Severability.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

21. Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.