Updated: May 2020
1.1. These are the Terms and Conditions of Use ("Terms") for the websites of Mixmag and Kerrang!, our related mobile applications or other similar devices, and our tools (the "Site"). Our Site is owned and operated by Wasted Talent Ltd ("we", "us" or "our").
1.3. These Terms explain:
- How our site operates
- What you can do with our content
- Your rights and responsibilities
1.4. We may update these Terms at any time. We will let you know what these changes are by posting them to this page, but it is your responsibility as a user to make sure you're aware of them, by checking for any changes on a regular basis. Changes will become effective as soon as they are posted. If you continue to use our Site after the posting of changes to these Terms, your use of the Site indicates your agreement to be bound to the new Terms.
2. What we do
Our Site is all about sharing information on music and events. We provide regularly updated general information, news, opinions and links with our views on music and events. The information you read on our Site is the opinion of our individual staff and not that of Wasted Talent as a company.
3. What we don't do
Information on our Site does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us. Given that the impact of any information expressed on our Site can vary widely based on your particular circumstances, you should always carry out your own research into the product that is of interest to you.
Links on our Site
5.1. Our Site includes details on, or links through to, other websites. We don't control the accuracy or completeness of that information and cannot accept any responsibility for the content of those websites. You take full responsibility for using that information and verifying it and for any decision to use, purchase or refrain from purchasing any of the services or products mentioned on a linked site. If you do purchase products or services from another website, please read its contract carefully before deciding to buy. Remember: your contract for those products or services will be with that website, not us.
5.2. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them!
Links from your website
5.4. You are only permitted to link to our Site with our prior written consent provided you:
5.4.1. comply with these Terms and all applicable laws;
5.4.2. do not use any of our trade marks or logos;
5.4.3. link only to those pages (including our homepage, where relevant) we have given you our permission to link to;
5.4.4. do not in any way imply that we are endorsing you, your website, or its products or services;
5.4.5. do not misrepresent your relationship with us or present false information about us;
5.4.6. do not infringe any intellectual property or other rights of any person or otherwise breach all relevant laws and regulations;
5.4.7. do not have content in your website that could be considered distasteful or offensive.
If you breach these terms, we have the right to require that your link is removed and to take whatever other action we think appropriate.
6. Our content
6.1. All of the content on our Site is owned by us or our licensers and is protected by English and international copyright laws.
6.2. Our content includes any information, features of, or other material found on our Site. You are allowed to use our content for personal, non-commercial use only. You may make one copy of extracts from this Site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
6.3. The trade marks 'Mixmag’, ‘Kerrang!' ‘Mixmag Media’, ‘Kerrang’ among others, are owned by Wasted Talent Ltd. All other brand names and trade marks that appear on this Site are trademarks or trade names of their respective holders. No permission is given to use any of these brands or marks and any such use may constitute an infringement of the holders' rights.
7. User content
7.1. When you post content on our Site or social media channels, you agree and represent that you have created that content. You still own any copyright in the text that you post on our Site. However, when you post text, images, video or other media, you expressly grant us a perpetual, fully transferable, worldwide royalty-free licence to republish that text on our Site and to use/redistribute/make available and/or sell that text in any format and on any platform, either now known or hereinafter invented anywhere in the world as part of an edited compilation or otherwise.
7.2. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We may remove your content from use at any time. You acknowledge and accept that the technical requirements of our Site may result in changes to your content to conform with it. We take no responsibility for the deletion or failure to store postings of user content submitted by you or other Site users.
7.3. If you're aged under 16 you confirm you have the permission of your parent or guardian to submit content to us.
8. Forum/social media
8.1. We encourage debate and the sharing of information between our users. However, we do require that your use of our Social Media and any other communication systems that we provide is lawful and in accordance with our Forum Rules which are incorporated into these Terms.
8.2. We accept no liability for user content on the Site provided by yourself or by others, including any reliance on the accuracy or completeness of such user content. You acknowledge and accept that user content posted on our Site is the opinion of the person posting only and in no way reflects our opinions or attitudes. You further acknowledge and accept that we have no obligation to moderate any content posted by you and other users on the Site.
8.3. You warrant that the content you post does not contain extremist views, appear to incite or promote terrorist activities and is not obscene, fraudulent, libellous, threatening, harassing, abusive, hateful or embarrassing to any other person as determined by us in our sole discretion, or illegal. You further warrant that the content you submit to us does not infringe any intellectual property right or proprietary or privacy right of any party or individual.
You agree not to:
8.3.1. post or transmit advertisements for or solicitations of business (whether openly, or under the false guise of an unconnected party);
8.3.2. after receiving a warning or otherwise being banned from the Site, continue to disrupt the normal flow of dialogue, post or transmit comments that are not related to the topic being discussed;
8.3.3. post or transmit chain letters or pyramid schemes;
8.3.4. impersonate another person;
8.3.5. disguise the IP address of the connection used to post any message;
8.3.6. post or transmit any files containing viruses or other harmful computer code;
8.3.7. harvest or otherwise collect or use information about others, including email addresses, without their explicit consent;
8.3.8. allow any other person or entity to use your identification for posting or viewing comments or for communicating with other users;
8.3.9. post the same note more than once or spam;
8.3.10. knowingly post untrue information about another person or business with the intention of harming their reputation or livelihood;
8.3.11. engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our Site, or which, in our judgement, exposes us to any liability or detriment of any type;
8.3.12. intentionally make false or misleading statements about investments, their price or their prospects. If you do, you may be committing a criminal offence;
8.3.13. post either intentionally or otherwise, any material that could have the effect of manipulating the market value of any investment. This may be a criminal offence; or
8.3.14. give investment advice by way of business or make financial promotions.
9. Disclaimer of warranties & liability, indemnity, general & changes
9.1 We provide our Site in good faith but we can't and don't warrant the completeness, truth or accuracy of the information or other content or postings found on our Site, or their usefulness for any particular purpose. You acknowledge and agree that: (i) your use of the Site is at your own sole risk; and (ii) you bear full responsibility for your own decisions and that we shall not be liable for any action that you or others take or don't take based on your use of or reliance on information provided by us or other users of our Site.
9.2. Before you apply for any products via our Site it is very important you: (i) carefully read the terms and conditions of the product, the product provider's terms and conditions and any other terms applicable to the product; (ii) check all the information held by the product provider about you to ensure it is correct, complete and accurate. We make no representations and warranties as to any linked websites and Wasted Talent has no liability or responsibility with respect to your use of such websites. It is your responsibility to: (i) ensure the product matches your requirements and that you agree to the terms and conditions of the product before you apply for it; and (ii) identify and correct any mistakes or errors in the information about you held by the product provider before you apply for any product. We cannot accept any responsibility or liability for any loss or damage you may suffer or incur: (i) in the event that any product you apply for does not meet your requirements, or is not suitable for you; or (ii) if any information about you held by the product provider is not correct, complete and accurate; or (iii) if it is misleading, or if you have failed to disclose all relevant facts. If you're in any doubt as to whether any information is relevant or required to be disclosed, or that something may be incorrect, you should disclose it to your proposed provider before you apply for the product.
9.3. We don't accept any responsibility or liability for the accuracy or reliability of any statement made on the Site by anyone other than authorised Wasted Talent employees acting in such capacity.
9.4. We don't promise that your access to our Site, or its content will be delivered uninterrupted, timely or error-free, or that the Site will be free from viruses or other harmful properties. It's your responsibility to implement satisfactory safeguards and procedures to make sure any files you obtain through our Site are free from such contaminations or other harmful properties.
9.5. THE EFFECT OF WHAT IS SET OUT HERE IS THAT YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR OTHER TYPE OF DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR USE OR DOWNLOADING OF ANY CONTENT ON OUR SITE.
10. Indemnity. You agree to indemnify, defend and hold harmless us, our directors, officers, employees and licensers from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post or transmit on our Site, Social Media or via any other communications systems, any actions you take which disrupt access to and/or the functioning of our Site or any breach by you of your obligations under these Terms.
11. Prizes are non-exchangeable, non-transferable, and are not redeemable for cash or other prizes.
12.1. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.
12.2. Our failure or delay to exercise any provision of these Terms shall not be construed as a waiver of any provision or right.
12.3. These Terms shall be governed by the laws of England and any dispute between us will be resolved exclusively in the Courts of England.
13. Changes to these Terms were published in February 2020.
Any questions? If you have any questions about our Site or these Terms, please contact us on email@example.com or by post at Wasted Talent, 90-92 Pentonville Road, London, N1 9HS.
DJ Competition Terms and Conditions
To enter this DJ competition send a 30minute mix with tracklisting and contact details to firstname.lastname@example.org
One (1) individual winner will be selected from all valid entries to play a DJ set for 1 hour on a date after October 2020 (to be arranged between Mixmag and the winner) at Mixmag's London offices, 90 Pentonville Road, London, UK
Standard DJ booth equipment featuring Pioneer CDJs and mixer will be available for the winning DJ to use to play their set from. No expenses included.
Week 4 of the competition is for 25+ year olds only, Weeks 1 - 3 are for 18+ year olds.
Mixmag, The Promoter, will be arranging the competition prizes along with the clubs and venues that make up the prizes. Coors Light which is partnering Week 4 is not responsible for arranging any prizes.
These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.
1. The Promoter: Mixmag (Wasted Talent Ltd), 90-92 Pentonville Road, London, N1 9HS (registered in England and Wales)
2. The Supplier: Please see each individual promotion for details of the prize supplier.
3. Eligibility: This prize promotion is open to UK residents (England, Scotland, Wales and Northern Ireland) excluding employees and their immediate families (spouse, parent, child, sibling, grandparent and/or “step” family), of The Promoter, associated agents or anyone professionally connected with the prize promotion.
4. Promotional Period: Please see each individual promotion for its prize pool.
5. Entry Instructions: Please see the individual prize promotion for entry details.
6. Only one entry per person per prize promotion unless otherwise stated in the individual promotion. All additional entries will be disqualified.
7. Any entries that the Promoter consider (in our absolute discretion) to be dangerous, vulgar, offensive, indecent, illegal racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.
8. No third party or bulk entries. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, multiple email accounts, multiple reproduced or computer-generated entries, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any prize entitlement will be void.
Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
9. Prize Fund: Please see each individual promotion for its prize pool.
10. Skills based entries shall be judged by a member of Mixmag staff ie the Promoter.
11. Winner Notification: The winners will be notified by email or phone via the account provided at point of entry within 7 days of the closing date. If a winner does not get in contact within this timeframe the promoter reserves the right to withdraw prize entitlement and will award the prize to a reserve drawn at the same time as the original.
12. It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
13. General: Promoter’s decision is final and binding. No correspondence will be entered into. Entry implies acceptance of these terms and conditions.
14. Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.
15. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
16. The Promoter reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
17. You agree that if you are a winner, you will take part in and co-operate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable. The Week 4 winner may be announced on Mixmag and Coors Light’s social channels.
18. By entering the Promotion, each entrant grants the Promoter a world-wide, perpetual, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation if applicable.
19. Each Entrant agrees not to assert any moral rights in relation to such use and warrants that they have full authority to grant such rights.
20. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion. Those who try to circumvent the entry process and/or entry instructions by any method, will be disqualified and any prize award will be void.
21. Entry into the Promotion is at the entrant’s sole risk. To the extent permitted by law, neither the Promoter nor Supplier accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter and Supplier further disclaim liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter and Supplier’s liability resulting from its negligence or fraud.
22. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter or Mixmag reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.
23. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
24. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter, the Supplier or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.
25. Where a prize is provided by a Supplier, the Promoter accepts no responsibility for inaccuracy of any prize description, and The Supplier is responsible for prize fulfilment.
26. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
27. The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
28. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.
29. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English and Welsh Courts.
30. Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions and according to GDPR conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.
31. For Week 5 (Groove Cruise prize) of the DJ Competition, phase 1 will be ran by Mixmag and will take place from May 2, 2020 at 11am until May 8, 2020 at 18.00. Mixmag will choose a shortlist of entrants after phase 1 which will be passed on to Groove Cruise for the next phases of the competition. Further phases of the competition will be ran by Groove Cruise/Whet Travel and not Mixmag/Wasted Talent Ltd. During Phase 1 entrants from anywhere in the world may submit an entrance mix to Mixmag via email to email@example.com. To qualify mixes must be 30minutes in length, a track list, a short intro or bio (describing where they're from, who they are etc ), entrants must also supply their contact details which will NOT be shared with any third parties beyond the promoter, Groove Cruise of WHET TRAVEL following all GDPR guidelines. Entrants for Week 5 must be 21 years old or over. Week 5 prize: Winner, as decided by Groove Cruise gets to play a set on Groove Cruise Cali, 2020 or 2021 if the event is postponed, they get $600 worth of travel flight credit to use towards flights to California for them or them and a friend (who also needs to be 21+), they also get a free stateroom for two on the cruise and a one hour DJ set on.