TERMS OF USE

RME WEBSITE & 153 STUDIO TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY APPLY TO YOUR ACCESS AND USE OF REVOLUTION MUSIC & EVENTS LTD SERVICES, WEBSITE AND BOOKING LINK.

By using the website & booking link (referred to in these terms as “RME”) and accessing and using the services we make available to you via RME and the content we provide to you through it (“Services”) you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use RME or the Services.

You must be 18 or over to accept these terms and use RME.

1. WHO WE ARE AND HOW TO CONTACT US

1.1. 153 Studio is operated by Revolution Music & Events Ltd (“us” / “we” / “our” / “RME”). We are registered in England and Wales under company number 14029035 and have our registered office at The Mews Bar, Unit K, Deansgate Mews, Great Northern Warehouse, 253 Deansgate, Manchester, M3 4EN, United Kingdom.

1.2. If you want to learn more about RME or the Services or have any problems using them please take a look at our support resources on our website at www.revolution-music.co.uk (“Website”)

1.3. If you think RME or the Services are faulty or misdescribed or wish to contact us for any other reason please use the contact form on the website.

1.4. If we have to contact you we will do so by email or by SMS using the contact details you have provided to us.

2. PRIVACY AND OTHER TERMS THAT MAY APPLY TO YOU

2.1. Our Privacy [https://revolution-music.co.uk/privacy-policy] and Cookies Policy [www https://revolution-music.co.uk/cookies] also apply to your use of RME.  Our Privacy and Cookies Policy explains how we collect, use and store your personal data, as well as information on what cookies we use.

3. DISCLAIMER AND LIMITATIONS OF RME

3.1. As part of your use of RME and the Services you will be able to view our participating studio & rehearsal room space and other relevant business providers (“studios”). The studio profiles/galleries & infromation are for general information and guidance only. Although we make reasonable efforts to update content, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for your use of it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. In particular where there is an offer or promotion being run by the applicable studio to which the studios Profile relates, it is your responsibility to check that the offer and/or promotion is still running. We make no representations, warranties or guarantees, whether express or implied, that the content and information provided on the Studios Profiles or as otherwise provided through RME and the Services is accurate, complete or up to date.

3.2. Save as expressly set out in these Terms of Use, RME and the Services are provided “as is” and “as available” without any warranties and we do not (to the extent permitted by law), either expressly or impliedly, make any warranties, claims or representations with respect to your use of RME and the Services including, without limitation, warranties of quality, performance, non-infringement, merchantability, or fitness for use or a particular purpose. RME and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of RME and the Services (as described on the website and in any related documentation) meet your requirements.

3.3. You are responsible for making all arrangements necessary for you to have access to RME and the Services including without limitation ensuring that the device through which you are accessing RME and the Services has suitable internet connection, memory capacity and operating system.

3.4. We do not guarantee that RME, or any of the Services on it or accessible via it, will always be available, uninterrupted, accurate, complete or error-free. We may suspend or restrict the availability of all or any part of RME(including, but not limited to 153 studios) or the Services for maintenance or for other business and operational reasons. We will try to give you reasonable notice of any suspension or restriction and to minimise the duration of any suspension or restriction. 

4. YOUR ACCOUNT & BOOKING WITH US 

4.1. Your account with RME is free of charge and will automatically renew on a monthly basis unless cancelled as outlined below. You will pay for studio bookings and any of RME’s other services upfront, using the payment portal provided.

4.2. You must treat your log-in details, or any other piece of access information to your RME Account, as confidential. You must not disclose it to any third party or allow any other person to use it to access RME or otherwise.

4.3. We have the right to disable any user name and password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or any other terms in place between you and us.

4.4. You are responsible for any activity performed using your Account.  

4.5. If you know or suspect that anyone other than you knows or has access to your log-in details or access credentials you must promptly notify us.

5. LINKS TO THIRD PARTY WEBSITES AND APPS

5.1. Where RME contains links to third party websites (such as our participating hospitality businesses’ websites), web services or mobile apps, these are provided solely as a convenience to you. If you use these links, you will leave our secure environment. We do not control, endorse or accept any responsibility for these third party sites or the information, software, services or materials found there, nor any results that may be obtained from using them. 

5.2. Unless you have received our prior written permission, you must not establish a hyperlink, frame, metatag, or similar reference, electronically or otherwise, to RME.

6. THIRD PARTY SERVICES 

6.1. We may from time to time enable you to access and use third party services (such as RESURVAI), via RME. These third party services will be governed by separate licence terms and terms of use set by the applicable third parties. You agree to comply with those third party terms and to indemnify us against any claims, loss, liability, costs and expenses incurred as a result of a breach by you of such license terms or terms of use. 

6.2. Any third party services are the responsibility of the applicable third party licensor. We give no warranties and make no representations (be it express or implied) and will have no liability to you in relation to any third party services which are accessed via RME.

7. INTELLECTUAL PROPERTY RIGHTS IN RME 

7.1. All intellectual property rights in RME, the Services and any related documentation we provide to you via RME (“Documentation”) throughout the world belong to us (or our licensors) and the rights in RME, the Services and such documentation are licensed (not sold) to you. You have no intellectual property rights in, or to, RME, the Services or the documentation other than the right to use them in accordance with these terms.

7.2. We grant you a limited, personal, non-exclusive, revocable licence to access and use RME, the Services and the Documentation in accordance with these Terms of Use. This licence will remain in effect until your agreement with us expires or is terminated or unless we suspend your account or your access to RME as described in these Terms of Use. This licence does not grant you any ownership rights or any other right or licence of any kind including, without limitation, any right to obtain any source code, data or other technical materials in relation to RME.

7.3. You agree that you will not (and will not allow others to): 

7.3.1. permit any third party (other than your authorised users) to access or use RME or the Services; 

7.3.2. rent, lease, sub-license, loan, provide, or otherwise make available, RME or the Services in any form, in whole or in part to any person without prior written consent from us;

7.3.3. copy RME, the Documentation or the Services, except as part of the normal use of RME or where it is necessary for the purpose of back-up or operational security;

7.3.4. modify, adapt, alter, copy, make derivative works, translate, reverse engineer, decompile, disassemble or otherwise derive or determine the source code (or the underlying ideas, algorithms, structure or organisation) of RME or attempt to do any of these things;

7.3.5. conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to RME or any of the Services accessed via, or in relation to, RME for any purpose, including the development, training, fine-tuning or validation of AI systems or models; 

7.3.6. interfere with other users' accounts, or content; or

7.3.7. seek to access, actually access or provide a third-party access to any of our technologies or services for any reason other than genuinely using our services as a customer. 

8. DATA PROTECTION 

8.1. In this clause 8 “Data Protection Laws” means: (a) to the extent the UK GDPR (as defined in the Data Protection Act 2018) applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and (b) to the extent the General Data Protection Regulation ((EU) 2016/679) applies, the law of the European Union or any member state of the European Union to which we are subject, which relates to the protection of personal data.

8.2. Both parties will comply with all applicable requirements of the Data Protection Laws. This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Laws. 

8.3. Without prejudice to clause 8.2, we both agree that Deepdale shall be a controller with respect to the processing of any personal data of you or your staff or representatives which is processed by us for the purposes of managing and administering RME (this includes personal details associated with log-in details or which you provide when contacting us for support using the contact us form in RME) or marketing products or services or in order to comply with our own obligations under applicable law.

8.4. Without prejudice to clause 8.2, you shall ensure that you have all necessary rights, consents and lawful bases in place to enable the lawful transfer of personal data to us for the duration and purposes of these terms and our agreement with you. 

8.5. Where we process any personal data as a controller we will do so in accordance with our Privacy Policy [https://revolution-music.co.uk/privacy-policy]. 

8.6. Notwithstanding anything to the contrary in these Terms of Use or any other agreement between us, you acknowledge that we may create and use aggregate and anonymised data (which shall not include personal data or your confidential information) derived from your use of RME and the Services for the purpose of improving and enhancing RME and the Services and any such other purposes as we see fit and we will own all applicable rights in relation to such aggregated or anonymised data. You further acknowledge that such aggregated and anonymised data does not comprise your confidential information.

9. LIMITATION OF LIABILITY 

9.1. We are responsible to you for foreseeable loss and damage caused 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 breaking these terms or our failing to use reasonable care and skill, but 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. For the avoidance of doubt we are not liable for any indirect or consequential losses.

9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

9.3. We are not liable for business losses. RME and the Services are for domestic and private use. If you use RME or the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with RME, to protect yourself in case of problems with RME or the Services.

9.5. We are not responsible for events outside our control. If our provision of the Services or support for RME or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

10. YOUR RIGHT TO TERMINATE / CANCEL 

10.1. Without limiting an of your other rights, you may end your use of RME and the Services and cancel your subscription at any time by contacting us.

11. OUR RIGHT TO TERMINATE / CANCEL

11.1. Without limiting any of our other rights, we may end your rights to use the RME and the Services and cancel your subscription at any time by contacting you for convenience or if you have breached these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

12. CONSEQUENCES OF TERMINATION / CANCELLATION

12.1. If we or you end your rights to use RME and the Services:

12.1.1. You must stop all activities authorised by these terms, including your use of RME and any of the Services.

12.1.2. You must delete your Account by utilising the delete account functionality within the “my profile” section of RME, and delete or remove RME from all devices in your possession and immediately destroy all copies of RME which you have; and

12.1.3. we may remotely access your devices and remove RME from them and cease providing you with access to the Services.

12.2. Termination will not affect your or our rights and remedies that have accrued as at termination and any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect. 

12.3. Unless otherwise notified to you by us, any Loyalty Points which you may have accrued at the point of termination will be dealt with in accordance with the terms stated on our Loyalty Points programme page. 

13. CHANGES AND UPDATES TO RME

13.1. We may make changes to RME and Services from time to time including by adding or removing Business Profiles, solutions, modules and/or functionality. We will endeavour to give you reasonable notice of any major changes and to publish suitable release notes via RME.

13.2. From time to time we may automatically update RME and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update RME for these reasons.

13.3. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using RME and the Services.

14. CHANGES TO THESE TERMS OF USE

14.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  We will post the most current version of these Terms of Use on RME and/or on our Website.  

14.2. If we make material changes to these Terms of Use we will notify you by sending you an email with details of the change or notifying you of the change when you next start RME.

14.3. If you do not accept the changes, you must stop using RME. Your continued use of RME after we publish or send a notice about our changes to these Terms of Use means that you are consenting to the updated terms.

15. OTHER TERMS 

15.1. No waiver for delay. Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.2. Entire Agreement. These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15.3. Severance If any provision of these terms (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15.4. Assignment. We may assign or transfer our rights and obligations under our contract with you to another entity. You may only assign or transfer your rights or your obligations under the contract to another person if we agree in writing.

15.5. Third party rights. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

15.6. Governing Law and Jurisdiction. These Terms of Use and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these terms.