SupaPass runs the underlying technology for this app and website. Our Online Service powers applications, websites and content streaming services. These terms detail how we handle and protect your data.
SUPAPASS PRIVACY AND DATA POLICY
Last updated: May 2019
1. INTRODUCTION AND GENERAL TERMS
Our platform, SupaPass, and our website at supapass.com (together, our “Online Service”) are operated and owned by MBASO Ltd of International House, 36-38 Cornhill, City of London, London EC3V 3NG, United Kingdom (“we, us or our”). We take your privacy very seriously and are committed to protecting and respecting it.
Our Online Service powers applications, websites and content streaming services for creators (“Third Party Operators”).
Our Online Service is managed either by you (if you are the creator) or by third party creators (if you are an End User). If you are using our service as an End User, then as part of signing up with Third Party Operators, you create an account on our Online Service which allows you to access the websites, apps and streaming services (“Third Party Service”) managed by those Third Party Operators. Your account is linked to the Third Party Services which you subscribe to through our Online Service. Please refer to the individual privacy policies of the relevant Third Party Operators for information about how they process your personal data.
This privacy, cookies and data policy (“Privacy Policy”) sets out the basis on which personal data we collect from you, or that you provide to us, will be processed by us.
Our Online Service is not marketed to users under the age of 13 and those aged under-13 should not use our Online Service. We do not use our Online Services to knowingly solicit information from, or market to, those under the age of 13.
If you have any questions or comments about this Privacy Policy, including if you wish to exercise your right to object to data processing activity, please contact us at the following email address: privacy@SupaPass.com (our “Email Address”).
We are committed to protecting and respecting your privacy. This Privacy Policy explains the basis on which personal data we collect from you will be processed by us or on our behalf.
Where we decide the purposes and means for which personal data you supply through these Online Services is processed, we are the “controller” for the purposes of the General Data Protection Regulation 2016/679 and the UK Data Protection Act 2018.
Where Third Party Operators decide the purposes and means for which personal data you supply is processed, they are the controller, and we are their “processor” for these purposes.
For example, we are the controller in respect of setting up and administering your account, and connecting you with different Third Party Operators you might like to register with. We may also send you marketing information about our services and other creators using our Online Service you might be interested in, as discussed below.
However, while you are using a Third Party Service which you’ve registered with (for example, when you choose and pay for subscriptions and/or request and stream content from a Third Party Service) the Third Party Operator is the controller. We may process personal data on their behalf if they ask us to do so, for example, to process payments and manage your subscription to their Third Party Service.
Please read this Privacy Policy carefully as it contains important information about the following:
This Privacy Policy should be read in conjunction with our terms of use as may be applicable in respect of the relevant Online Services. Where terms of use are applicable, they will be made available via the relevant Online Services.
We may make changes to this Privacy Policy in the future, which will be made available here. You should check here from time to time to ensure you are aware of any changes. Where appropriate, we may notify you of changes by email or through the Online Services.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process the following personal data from you when you use our Online Services (together, the “Online Service Information”):
Information provided by you when using an Online Service
(“Submitted Information”)
Your account and profile information with us (your name, country, contact and address details (where applicable), username, email address and account password); and
Your profile photo (if you choose to provide one).
If you are a creator, rather than an End User, we will collect information from you in order to provide our Online Services to you and help you set-up and administer your Third Party Service, including billing information (including account details to which any payments we process on your behalf might be sent, and details of any accounts from which we should collect payment from you).
User-generated content (including, without limitation, comments, posts and reviews) hosted and/or displayed in our Online Services
(“User Content”)
When using our Online Services, you may decide to post information that may or may not contain personal data, in accordance with the rules of the relevant Online Services (for example, comments, posts or reviews).
We cannot control the wider dissemination via the public internet of personal data that you may choose to post, or make available, in User Content which you make available to the public.
If you are a creator rather than an End User, User Content includes any personal information which you might decide to provide in or through your Third Party Service (e.g. your apps, websites or streamed content).
Information about your activities
(“Analytics”)
We may collect technical information about your use of our Online Service through the use of analytics tools and by virtue of the Online Service functionality.
The personal data we may collect includes information about your engagement with and usage of our Online Service and your End User Account (for example, viewing information, clicks, engagement information, length of subscription/service, content listened to / watched, purchases, subscriptions and other transactions and other usage or engagement events).
3. WHY WE COLLECT INFORMATION ABOUT YOU
To provide the Online Services to you
We will use information about you (including the Submitted Information, Analytics and User Content) to deliver our Online Service to you under the terms of use agreed between us. The processing of information in this way is necessary, for example, for us to recognise your account, provide you with the relevant Online Service features and content and to ensure that the Online Service functions properly.
If you make purchases through or in connection with the Online Services, those purchases may be made through a Third Party Service (such as Stripe or GoCardless), or through an app store (such as the Apple or Google app stores). Where instructed by the relevant Third Party Operator, we may process your Submitted Information on behalf of that Third Party Operator.
If you are a creator rather than an End User, we will process your Submitted Information in order to process your payments (both incoming and outgoing).
For the above purposes, we rely upon the legal bases of: (i) performance of a contract (being performance of the terms agreed between us); and (ii) legitimate interests, being our legitimate commercial interests in providing you with enhanced user functionality (such as, for example, the ability to post, comment or review (where applicable)).
Moderation and public information
In connection with user posting, commenting and reviewing or similar functionality (where this functionality is made available), certain of your User Content and other Online Service Information may be shared with other users of the Online Service or become publicly available. You may be able to select, in some cases, specific recipients (for example, if you are posting a comment to a particular group only) and then only those recipients will receive it, however, in all other cases, the information may be made publicly available.
For the above purposes, we rely upon the legal basis of performance of a contract (being our terms of use with you for the relevant Online Services) and our legitimate interests, being our commercial interests in providing you with enhanced user functionality (such as, for example, the ability to post, comment or review (where applicable)).
To respond to your enquiries and requests for support
We may process Online Services Information so that we are able to properly respond to your enquiries and support requests, in accordance with the terms of use agreed between us.
As part of this we may also share this Online Services Information with our suppliers who may assist us with managing support queries.
For the above purposes, processing is carried out so we can perform our contract (being our terms with you for the relevant Online Services) and in pursuit of our legitimate interests, being our commercial interests to respond to your queries and requests for support.
To prevent fraudulent or illegal activity
We may process your Online Services Information for our legitimate interests of ensuring that your use of our Online Services is lawful and in compliance with our agreement (being the terms of use agreed between us), to prevent disruption to our Online Service, to enforce our rights, to protect any individual or otherwise to ensure our compliance with our legal obligations.
To help us to improve the Online Service and fix any problems
We may process information about you (being the Online Services Information or any part thereof) so that we can analyse and improve our Online Services, and also for us to develop new Online Services or new parts thereof. As part of this we may also share this Online Services Information with our suppliers who may assist us.
This processing is necessary for us to pursue our legitimate interests, being our commercial interests of: (i) ensuring that our Online Services function properly so that you and other users have the best experience when, for example, accessing content; (ii) improving the quality of our Online Services, and providing a better experience to our users; and (iii) identifying and correcting any bugs or problems with the Online Service.
To help us to understand your usage of the Online Services
We may process information (being the Online Services Information or any part thereof) to understand how users use our Online Services, and to compile statistical reports regarding that activity, as well as understanding how users access content in our Online Service. This processing is necessary for us to pursue our legitimate interests, being our commercial interests in continually improving the Online Services, understanding and fixing problems (such as when users may be unable to easily access or enjoy content) and to improve our future products and services.
To keep you up to date
Where you have consented, or where it is otherwise lawful to do so, we may use your Online Services Information to send you emails in order to keep you informed of news and products. You can withdraw your consent at any time by letting us know by email to our Email Address.
Push notifications about our Online Service and similar notifications
Where you have consented, or where it is otherwise lawful to do so, we may use your Online Services Information to send you ‘push notifications’ or in-service notifications (for example, on your device and in relation to the Online Service). The third party platform (i.e. your device provider such as Apple) is responsible for obtaining your consent to activities such as push notifications. Most mobile devices allow you to edit and control your push notification settings in your device settings.
4. DATA SHARING
We will share your information with third parties only in the ways that are described in this Privacy Policy
Group members, personnel, suppliers or subcontractors: We keep your information confidential, but may disclose it to any member of our group (which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006), our personnel, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this Privacy Policy. However, this is on the basis that they do not make independent use of the information, and have agreed to safeguard it.
Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of all or a portion of our assets, you will be notified via email, account message and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
Required by law: We may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
Enforcement: We may also disclose your personal data to third parties (e.g. mobile network operators, gaming platform operators, device manufacturers or networks) in order to enforce or apply the terms of agreements, to investigate potential breaches or to protect the rights, property or safety of us, our customers or others.
Digital Content Stores: Where our Online Service is downloaded or accessed through a third party store service such as (without limitation) Amazon, Google Play or Apple's App Store, we may disclose your personal data to the relevant store/platform for the purposes of facilitating any in-app payments made through these platforms.
Third Party Operators: Where you have subscribed to a Third Party Service, Analytics collected about your use of that Third Party Service, and your account and profile information, are available to the Third Party Operator responsible for that Third Party Service. So, for example, if you register for a particular creator’s content, they are able to see how often you watch their content, and which content you watch, along with your name, account details and contact information (we will not share your password with them). As mentioned above, we are not responsible for this processing, and the relevant Third Party Operator is the data “controller” please refer to their privacy policies to understand how they use your personal data.
Objectionable Content: If you send us, or upload, objectionable content, or behave in a disruptive manner when using our Online Service, we may process any personal information that you have submitted to us, to respond to and stop such behaviour. Where we reasonably believe that you are or may be in breach of the law (for example, where the content you share amounts to harassment or is defamatory), we may use your personal information to inform relevant third parties about the content, such as your email or internet provider or law enforcement agencies.
5. AUTOMATED DECISION MAKING
We may use automated decision-making methods which do not involve human involvement to process your information, and shall do so only in the ways that are described in this Privacy Policy.
6. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
You have the following rights over the way we process personal data relating to you, as set out in the table below. We aim to comply with requests without undue delay and within one month at the latest.
Ask for a copy of personal data we are processing about you and have inaccuracies corrected or request erasure
You have the right to request a copy of the personal data we hold about you and to have any inaccuracies corrected.
You can download a copy of your Online Service personal account information by following the instructions in your account settings (where this functionality is made available). Where this functionality is not available you can request a copy by emailing our Email Address.
We will use reasonable efforts, to the extent required by law, to comply with any request to supply, correct or delete personal data held about you on our files (and request that any third parties to whom it has been disclosed to do the same).
Object to us processing personal data about you
You can ask us to restrict, stop processing or delete your personal data if:
You may be able to delete your accounts by following the instructions in your account settings, where applicable depending on the relevant Online Services. You can also request account deletion by sending an email to our Email Address.
Obtain a machine-readable copy of your personal data, which you can use with another service provider
Make a complaint to a Supervisory Authority
7. DATA RETENTION
In accordance with data protection laws and good commercial practice, we do not retain data in a form that permits identification of the person(s) to whom it relates for any longer than is necessary.
8. CHILDREN
We do not use our Online Services to knowingly solicit information from, or market to, children under the age of 13. In the event that we learn that we have collected personal data from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13 years of age, please contact us at our Email Address.
9. SECURITY
We will take commercially reasonable, appropriate technical and organisational measures to ensure a level of security appropriate to the risk that could be encountered via the use of our Online Services, taking into account the likelihood and severity those risks might pose to your rights and freedoms.
In particular, we will take precautions to protect against the accidental or unlawful destruction, loss or alteration, and unauthorised disclosure of or access to the personal information transmitted, stored or otherwise processed by us.
Please be aware that, while we make the security of our Online Services and your personal information a high priority, no security system can prevent all security breaches.
Unfortunately, the transmission of information via the internet is not completely secure. We do our best to protect your personal data, but we cannot guarantee the security of your data transmitted through our Online Services; the sharing of your personal information with us and any transmission is at your own risk.
10. INTERNATIONAL DATA TRANSFERS
The data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff that operate outside the EEA and work for us or our suppliers. These staff may be engaged in the fulfilment of your orders, the processing of your payment details, the maintenance of the Online Services, and the provision of support services. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Where your personal data is transferred outside of the EEA to a territory not subject to an adequacy decision by the European Commission, we have agreements in place with the relevant parties which include either (i) standard data protection clauses adopted by the relevant data protection regulator and approved by the European Commission or (ii) standard data protection clauses adopted by the European Commission, to ensure that appropriate safeguards are used to protect your personal data. Alternatively, we may put in place other appropriate safeguards. If you require more information about these safeguards, you can contact us at our Email Address.
11. CONTACT INFORMATION
Questions, comments and requests in relation to this Privacy Policy are welcome and should be addressed to our Email Address privacy@supapass.com
Last Updated: Oct 18, 2017 10:29AM BST
Welcome to SupaPass (the “Platform”, which definition shall also include all mobile applications and any other websites owned and operated by us throughout the world and bearing the name “SupaPass”), owned and operated by MBASO Ltd (Company Number: 07786534) (“we,” “us”).
The following terms and conditions (“Terms and Conditions”) govern your use of the Platform, whether as a guest, or a registered user. Please read these Terms and Conditions carefully before you start to use the Platform. By using the Platform, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using the Platform.
1. GENERAL USE OF THE PLATFORM
Eligibility and Approval
1.1 You may browse the Platform without registering but in doing so you accept and agree that certain areas of the Platform will not be available to you unless you register with the Platform. You may be asked if you wish to register each time you try to access any part of the Platform that requires registration. To register and/or to subscribe to the Platform you may be asked to provide certain information about yourself; this is more particularly set out below.
1.2 We, in our sole discretion, will have the right to refuse to allow you to register or subscribe to the Platform. We will have the right to carry out those checks that we, in our sole discretion, deem appropriate to confirm your suitability for registration or subscription of the Platform.
1.3 When you register with the Platform you will create an account (“Your Account”). This account is unique to you, and we will only accept one fan account and/or one artist account per registrant. Once you have registered with the Platform, you shall be entitled to subscribe to as many Artist areas on the Platform as you would like (in accordance with these Terms and Conditions).
General Representations and Warranties
1.4 You hereby represent and warrant: (i) you have the full power and authority to enter into and perform under these Terms and Conditions, (ii) your use of the Platform will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (iii) you 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.
Minimum specifications for use of the Platform
1.5 We do not accept any 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 the incompatibility of your computer and/or its associated systems with the technical specifications posted on the Platform.
1.6 You accept that 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 the use of the Platform including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer’s functionality or operation. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Platform.
2. REGISTRATION
Obligations
2.1 If you wish to register with the Platform, you must enter the ‘create account' page on the Platform and register using our online registration process. In doing so, you agree to: (i) provide an email address and your name; (ii) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration process; and (iii) maintain and promptly update that information to keep it true, accurate, current and complete.
Registrant email addresses, passwords and security
2.2 Upon registering you will be required to provide us with your name, a valid email address and a password. You may be asked to provide this email address and password once for each time you subsequently visit areas on the Platform requiring registration. In addition, but in accordance with these Terms and Conditions and our privacy policy, we may use this email address for such purposes as are set out within our privacy policy (and where appropriate subject to your prior consent), including without limitation to contact you with information about the Platform, your registration and/or your purchases.
2.3 You will also receive an account upon completing the Platform’s registration process. You are responsible for maintaining the confidentiality of your email address, password and your account and are fully responsible for all activities that occur under your email address, password or account. You agree to: (i) immediately notify us of any unauthorised use of your email address, password or account or any other breach of security and (ii) ensure that you exit from your account at the end of each session by logging out. We will not be liable to you or any third party for any loss or damage arising from your failure to comply with this provision.
3. CONDUCT AND USE OF THE PLATFORM
3.1 You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
3.2 You may not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform.
3.3 You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of ours, including any account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
3.4 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
4. PLATFORM CONTENT
4.1 We shall provide an “Info Page” on the Platform in respect of each artist that is registered with the Platform (“Artist(s)”). 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 SupaFan” 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 “Music” and/or “Fanclub” area (as applicable) (the “Artist Premium Area”).
4.2 Subject to the Artist’s provision of the same, each Artist’s Premium Area “Music” shall contain audio tracks available for streaming, and each Artist’s Premium Area “Fanclub 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 to that Artist’s other social network pages. On any page in the Artist’s Premium Area, Audio and video music streaming can only be accessed via a subscription to “Music” (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).
4.3 At their sole discretion Artists may offer one or more audio tracks to you as a registered user of the Platform (whether or not you are a subscriber) for free download and/or streaming.
4.4 We may offer Artist merchandise as part of subscription packages to Artist Premium Areas and/or Artists may offer Artist merchandise within their Artist Premium Area. Where such Artist merchandise is provided by Artist, Artist shall be responsible for fulfilling such merchandise orders and we shall have no obligation or liability whatsoever to you in this regard.
4.5 Any Artist content on the Platform shall be at the sole discretion of the Artist and we shall have no responsibility or liability for any Artist’s failure to provide content on the Platform (whether on their Info Page or their Artist Premium Area).
4.6 We do not preview, edit, monitor or otherwise control any content uploaded to the Platform by any Artist and we cannot guarantee the accuracy, integrity or quality of such Artist’s content. By using the Platform, you agree to assume 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, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above you may report any such content to us by emailing admin@SupaPass.com, providing details of the content being reported and a link to the relevant Artist Area.
4.7 We shall provide all tracks, videos or other recordings in such format types as we shall determine. Your computer must be of sufficient technical specification to be able to download and access content from the Platform in such formats and file sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the content from the Platform, resulting from the incompatibility of your computer, phone, tablet or other device and/or their associated systems with the required technical specifications.
4.8 Where you download with our consent any apps or widgets (i.e. software) or other content from the Platform, then such use 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. Whilst we take reasonable commercial measures to ensure that content made available to you is free from viruses, it is your responsibility to ensure that you have up to date anti-virus protection software operating on your system and we shall bear no responsibility or liability in this regard. Notwithstanding the above, we shall have no liability whatsoever, howsoever arising for the consequences of any viruses, Trojan horses, time bombs or other bugs or defects that your computer may be subjected to in the course of your use of the Platform.
5. PAYMENT
5.1 You can pay for each Artist subscription either monthly or annually by Direct Debit (in the UK only) or credit card or as otherwise expressly allowed on the Platform.
5.2 By making any payment on the Platform, you represent and warrant either that (i) you are at least 16 years of age; or (ii) that any payment made on your behalf is done so with the express consent of a parent or guardian. If you are a parent or guardian of someone under the age of 16 who is making payment on the Platform, you agree to these Terms and Conditions and our privacy policy and that you shall be responsible for the conduct and acts and/or omissions of your children in using the Platform as if these were your own.
5.3 We reserve the right at our sole discretion to offer discounted subscription fees and/or any other offers, promotions, competitions and gift cards from time to time and any such applicable offers shall be advertised on the Platform.
5.4 All of your subscription receipts shall be emailed to you at the address you provided on your registration to the Platform as proof of purchase.
5.6 In the event that any Artist you are subscribed to removes their Artist Premium Area from the Platform (or has their Artist Premium Area removed) during your period of subscription then your subscription to that Artist shall be deemed to end on the date at which Artist Premium Area is closed or at the end of your current subscription period, whichever is the soonest, and you shall not be obliged to make any further payment in respect of your subscription to that Artist. In the event that you have paid for your subscription to that Artist annually then you shall be refunded pro rata for the remaining number of months on your annual subscription.
6. YOUR ACCOUNT
6.1 You shall be solely responsible for all of 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.
6.2 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.
6.3 You will not upload Your Content and/or use the Platform in any way that:
(i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy rights;
(ii) is (or encourages, promotes or condones activities that are) illegal, unlawful, offensive, defamatory, libellous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
(iii) promotes, supports, contains or links to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) is designed to or does harass, threaten or abuse others;
(v) exploits minors in a sexual or violent manner;
(vi) impersonates another person;
(vii) is generally offensive or in bad taste;
(viii) “deep links” to any portion of the Platform;
(ix) uses any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission;
(x) contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) removes any copyright, trademark or other proprietary rights notices contained in or on the Platform;
(xii) could damage, disable, overburden or impair the Platform;
(xiii) reformats or frames any portion of the web pages that are part of the Platform;
(xiv) interferes with another user’s use and enjoyment of the Platform;
(xv) harvests or collects email addresses or other contact information of users from the Platform by electronic or other means;
(xvi) includes materials or content of any third party without such third party’s prior written consent, or materials or content that falsely expresses or implies that such materials or content are sponsored or endorsed by us and/or the Platform; and/or
(xvii) Is otherwise in our reasonable opinion a breach of these Terms and/or applicable laws, regulations or codes of practice.
6.4 If we are notified that any or all of Your Content infringes the rights of any third party and/or are otherwise in breach of these Terms and Conditions, we will remove such infringing parts of Your Content. We reserve the right ourselves to remove any of Your Content we deem in our absolute discretion to be so infringing or in breach of these Terms and Conditions, and/or terminate your access to the Platform for uploading such infringing Content, at any time and without prior notice. If we terminate your access to the Platform in accordance with the foregoing then you shall not be entitled to any refund of your subscription fees paid prior to the date of such termination.
6.5 You are solely responsible and liable for any activity, behaviour, use and conduct you engage in relating to the Platform. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your use of and registration to the Platform.
6.6 You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these Terms and/or in connection with any of Your Content submitted by you.
7. COPYRIGHT AND COPYRIGHT PROTECTION
7.1 This Platform and the underlying computer code used by us to design, operate and maintain the Platform and all content and material contained within or available on the Platform (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Platform) is owned by and/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. Notwithstanding the above, you may use the content and materials on the Platform in the course of your normal, personal, non-commercial use of the Platform.
7.2 Copyright Complaints. We respect the intellectual property of others and we have used our reasonable endeavours to obtain the consent of the copyright owners of all content and material contained within or available on the Platform for such content to be placed upon the Platform and made available to Platform users. If you believe that any work has been used on the Platform in such a way that constitutes copyright infringement, please contact us at admin@SupaPass.com with the following information:
(i) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
(ii) A description of the copyrighted protected content that you believe has been infringed upon;
(iii) A full description of where on the Platform this content can be found (including the relevant URL);
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
(vi) A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner’s behalf.
8. TRADE MARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks of ours and others. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without our written permission or the written permission of such third party that may own the Trademarks displayed on the Platform. Your misuse of the Trademarks displayed on the Platform, or any other content on the Platform, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
9. MODIFICATION, SUSPENSION AND TERMINATION
9.1 We reserve the right, without prejudice to any other rights and remedies available to us under these Terms and Conditions or generally at law, to suspend or terminate your registration or subscription and/or use of the Platform immediately upon being made aware of any breach or potential breach by you of these Terms and Conditions. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Platform with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
9.2 You shall have the right to unsubscribe from any Artist and/or to close Your Account on the Platform at any time. Unless you delete Your Account in the intervening period, then upon any such unsubscription your access to the applicable Artist’s page shall end on the day before your next payment would have been due. If you have chosen to pay your subscription to that Artist annually then your access to that Artist’s page shall end on the expiry of that annual period.
10. WARRANTIES AND LIMITATION OF LIABILITY
10.1 THE PLATFORM, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PLATFORM), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS’, ‘AS AVAILABLE’, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK
10.2 We shall not be responsible for any connection or access to the Platform by you or the quality of the transmission of any information passing between you and the Platform. You will be responsible for providing your own communications equipment to access the Platform via the Internet, and the Internet access charges thereon
10.3 We do not warrant or represent that:
(i) the Platform will meet your requirements;
(ii) access to the Platform will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Platform will be accurate or reliable;
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations; and/or
(v) any errors in any data or software will be corrected.
10.4 YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL WE, OUR PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLATFORM, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PLATFORM, FROM INABILITY TO USE THE PLATFORM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PLATFORM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY PART OF PLATFORM YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
10.5 We are not responsible for any third-party links, services, resources or information provided on or made available through the Platform. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third-party links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third-party services, resources or information.
11. GENERAL LEGAL PROVISIONS
11.1 It is a crime to use a false name or a known invalid credit card to order or subscribe. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
11.2 We may amend these Terms and Conditions from time to time, and place the new version on the Platform. When we do so, we will place a notice advising that the Terms and Conditions have been changed on our homepage www.SupaPass.com. 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.
11.3 We aim to update our Platform regularly, and may change the content at any time. If the need arises, we may suspend access to our Platform, or close it indefinitely. Any of the material on our Platform may be out of date at any given time, and we are under no obligation to update such material.
11.4 These Terms and Conditions apply when you first access the Platform, whether as a guest, a registrant or a subscriber. These Terms and Conditions shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these terms and conditions once your order has been accepted by us. You are further advised to read (and are responsible for reading) all information on this Platform fully.
11.5 Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11.6 We process information about you in accordance with our Privacy Policy. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.
11.7 If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
11.8 These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.
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