THE HIDEAWAY RESIDENTIAL RECORDING STUDIO
WEBSITE TERMS AND CONDITIONS
Welcome to https://thehideaway.studio (the “Site”), owned and operated by Megaphonic Touring Limited of 5a Bear Lane, Southwark, London, England, SE1 0UH (”we,” “us”). The following terms of use (“Terms”) govern your use of the Site, whether as a browser or as a client of the Hideaway Recording Studio of The Round House, Havering-atte-Bower, Romford RM4 1QH (“the Studio”) (as the context applies).
1. GENERAL USE OF THE SITE
1.1. Eligibility and Approval
(i) These Terms apply to all use of the Site by you, whether as a browser or as a client subscriber, and form a legal agreement between you and us.
(ii) By using the Website you are confirming that you understand and accept (and are able to understand and accept) these Terms, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these Terms, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 16.
(iii) Access to the Site is free of charge. No part of the Site requires payment of any kind in order to access or use it.
(iv) It is your responsibility to make any and all arrangements necessary in order to access the Site.
(v) Access to the Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.
1.2. General Representations and Warranties
(i) You hereby represent and warrant:
(a) you have the full power and authority to enter into and perform under these Terms;
(b) your use of the Site will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
(c) you will comply with all applicable laws and regulations in using the Site and in engaging in all other activities arising from, relating to or connected with these Terms.
1.3. Minimum specifications for use of the Site
(i) We do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Site or any content and/or pages contained on the Site or available through the Site, 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 Site.
(ii) 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 Site 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.
2. BOOKINGS AND FORMING A CONTRACT BETWEEN YOU AND US
2.1. You may submit a request to us for studio time via email and/or telephone (“Booking Requests”).
2.2. Once you have submitted a Booking Request you will receive an e-mail from us acknowledging that we have received your Booking Request. Please note this does not mean that your Booking Request has been accepted. Your Booking Request constitutes an offer to us to agree a booking with you (an “Agreed Booking”). All Booking Requests are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms the Booking Request has been agreed (the “Confirmation Email”). The contract between us (the “Agreed Booking”) will be formed when we send you the Confirmation Email, subject to any variation thereto which we may subsequently agree in writing.
2.3. The Agreed Booking will relate only to those Booking Requests we have confirmed agreement to in the Confirmation Email.
2.4. The Confirmation Email will be sent to the e-mail address given as part of your Booking Request so you should ensure that the e-mail address you give is correct and current. The Confirmation Email will contain all relevant statutory information concerning your contract. You must check that the details on this Confirmation Email are correct as soon as possible and you should print out and keep a copy of it.
2.5. Each Agreed Booking shall be governed by both these Terms and the Studio Terms and Conditions as they each may be amended from time to time.
2.6. If there is an inconsistency between any of the provisions of these Terms and the provisions of the Studio Terms and Conditions, the provisions of these Terms shall prevail to the extent of such inconsistency.
3. CONDUCT AND USE OF THE SITE
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 Site or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
3.2. You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
3.3. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, 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 Site.
3.4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
3.5. In communicating with us, using the Site and/or booking the Studio you agree you shall not do so 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) posts advertisements or solicitations of business including, without limitation, pyramid schemes and so-called “junk mail,” “spam,” or “chain letters,”;
(vii) impersonates another person;
(viii) is generally offensive or in bad taste;
(ix) “deep links” to any portion of the Site;
(x) 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;
(xi) 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;
(xii) removes any copyright, trademark or other proprietary rights notices contained in or on the Site;
(xiii) uses other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user;
(xiv) creates a false or misleading identity of, (including, but not limited to), an employee of ours, or falsely states or otherwise misrepresents your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(xv) could damage, disable, overburden or impair the Site;
(xvi) reformats or frames any portion of the web pages that are part of the Site;
(xvii) interferes with another user’s use and enjoyment of the Site;
(xviii) harvests or collects email addresses or other contact information of users, including usernames, from the Site by electronic or other means;
(xix) 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 Site; and/or
(xx) Is otherwise in our reasonable opinion a breach of these Terms and/or applicable laws, regulations or codes of practice.
4. COPYRIGHT AND COPYRIGHT PROTECTION
4.1. You are granted a limited, revocable, non-sublicensable licence to use the Site for the purposes of: (i) reviewing information on the Site; (ii) making enquiries to us; and (iii) liaising with us about our services, such as bookings with us. Except for the foregoing, no other licences or rights in or to the Site or its content are granted to you. This Site and the underlying computer code used by us to design, operate and maintain the Site and all content and material contained within or available on the Site (including without limitation all text, software, photographs, graphics, page layout, and design presented through and as part of the Site) is owned by and/or vest in us (and/or our licensors) 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 in writing, 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 Site.
4.2. We respect the intellectual property of others and will use its reasonable endeavours to obtain the consent of the copyright owners of all content that we provide, upload, incorporate or otherwise use in or on the Site for such content to be placed upon the Site and made available to users of the Site. If you believe that we have used your copyrighted work without such consent, please contact us so that we may remedy this at https://thehideaway.studio/contact/ and provide 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 Site 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.
4.3. You are not permitted to copy, reproduce, adapt, edit, distribute, sell, sub-licence, store, or otherwise exploit or use any Site Content from the Site. “Site Content” means content that is available or accessible on the Site and includes, without limitation, text, audio-only and audio-visual recordings, photographs, images, code, software, databases and/or other materials, content and/or information that appears on, or constitutes a part of, the Site.
5. MODIFICATION, SUSPENSION AND TERMINATION
5.1. We reserve the right, without prejudice to any other rights and remedies available to us under these Terms or generally at law, to suspend or terminate your subscription and/or use of the Site immediately upon being made aware of any breach or potential breach by you of these Terms. We further reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site 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.
6. WARRANTIES AND LIMITATION OF LIABILITY
6.1. We are only responsible to you for foreseeable loss and damage caused directly by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our materially breaching these terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
6.3. Nothing in these terms shall limit statutory rights that cannot be limited or excluded by law. This sub-clause applies notwithstanding the other sub-clauses herein, which shall be interpreted to give them maximum effect in a manner which is compliance with this sub-clause.
6.4. If you are a business user of our Site, the rights that are mandatorily implied by law may be different to those implied in respect of our Site’s non-business visitors and users. For our Site’s business users, we exclude any and all warranties, representations and guarantees of any kind or nature relating to our Site to the maximum extent permitted by applicable law. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of anticipated savings, goodwill or reputation or your loss of business opportunity through or related to your use of the Site. The foregoing is subject to the warranties, representations and guarantees set out expressly in these Terms.
6.5. For consumer users of our Site, if we supply you with digital content such as via our Site and such content damages your device or digital content as a result of our failure to use reasonable care and skill, we will either repair your device or compensate you. However, we will not be liable to you for losses caused by your failures to follow any Site instructions, instructions concerning your own use of our device or your failure to use your device safely, update it and follow your device manufacturer’s recommendations and usage instructions.
6.6. The Site has not been developed to meet your individual requirements. The Site is provided ‘as is’ and on an ‘as available’ basis without any other representation, endorsement or warranty of any kind (except for those strictly required by law).
6.7. We do not guarantee, warrant or represent that the Site will be: (i) free of errors, viruses or bugs or other defects; or (ii) that the Site or any content or information displayed or distributed through the Site or in the accompanying documentation will be accurate or complete; or (iii) that any defects in the Site will be corrected; or (iv) that operation / availability of the Site will be uninterrupted.
6.8. Our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a maximum of £50. This does not apply to losses that cannot be limited under applicable law.
7. GENERAL LEGAL PROVISIONS
7.1. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
7.2. We may amend these Terms from time to time, and place the new version on the Site. When we do so, we will place a notice advising that the Terms have been changed on our homepage https://thehideaway.studio. Your use of the Site from the date that the amended terms are placed on the Site onwards will be governed by those new terms.
7.3. These Terms apply when you first access the Site, whether as a browser or a subscriber. These Terms 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 website fully.
7.4. 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.
7.5. If any provision(s) of these Terms are held to be invalid or unenforceable, it/they will be struck out and the other terms remain.
7.6. These Terms are subject to the laws of England and Wales, whose courts shall be the courts of exclusive jurisdiction.