TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.easypeasyplays.co.uk and/or on our other websites from time to time (the Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Popcorn School Ltd trading as EasyPeasyPlays, company registration number 08534985 whose registered office is at 9 Yelverton Close, Walsall, West Midlands, WS3 3XE, England (we or us or our).
1. USE OF THE WEBSITE AND YOUR LICENCE TO USE THE MATERIAL
1.1 You may access most areas of the Website without registering your details with us. However, certain areas of the Website are only open to you and you may only download samples of material from the Website if you register with us.
1.2 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.3 By placing an order, you shall be deemed to have accepted this legal notice in full and you agree to ensure that any user of the material accepts this legal notice in full
1.4 We may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Service access
2.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
2.4 You are prohibited from uploading, posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) which harms children under the age of 18 in any way, including but not limited to any material which violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
(c) for which you have not obtained all necessary licences and/or approvals (including but not limited to the consent of individuals featured in any photograph images); or
(d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(e) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
2.5 You accept that we do not pre-screen submitted material and we will have the right to reject or remove any material that is available via the Website.
2.6 We do not endorse any material submitted to the site by you, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim all liability in connection with material submitted to us.
2.7 Links to third party Websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed these third party websites, do not control and are not responsible for them or their content or availability. If you decide to access any of the third party Websites linked to the Website, you do so entirely at your own risk.
2.8 We cannot stop you uploading and sharing your own video or film footage which incorporates our copyright material. However, you are only permitted to do so subject to the following requirements:
(a) You comply with the provisions below relating to Intellectual Property and particularly, but not limited to clauses 6.4 and 6.5;
(b) You do so entirely at your own risk and in the full knowledge that we disclaim all liability in relation thereto; and
3. Your Licence
3.1 You are only permitted to print and download temporary extracts from the Website for your own personal use on the following basis:
(a) such extracts do not compromise a substantial part of the whole Website or particular image which are you viewing;
(b) such extracts are used ONLY for the purpose of assessing the material we supply and whether you wish to subscribe to the Website;
(c) no images, digital clips, musical scores, documents or related graphics on the Website are modified in any way;
(d) you do not replicate, store (whether as temporary or permanent files or otherwise) or otherwise modify, alter or adapt downloaded extracts;
(e) the only graphics and images on the Website which you are permitted to use are those featured on the material which you download. Such graphics and images are not to be used separately from the corresponding text and are not to be used for any purpose other than for personal use. You are expressly prohibited from downloading, republishing, retransmitting, reproducing or making any other use whatsoever of any other graphics or images on the Website; and
(f) our copyright and trade mark notices and this permission notice appear in all copies.
3.2 Thank you for purchasing material from the Website. You are permitted to print and download material from the Website for use in accordance with the terms of our Licence (as displayed on our website) and which are replicated here for your convenience:
Licensing and copyright
If you need any further information on licensing and copyright, please feel free to email us on firstname.lastname@example.org and we will be delighted to try to assist you. Hopefully, the following details should answer most of your questions.
A performance licence is required by law for the performance of any work involving drama, movement or spoken dialogue (e.g. a musical or a nativity) other than to pupils and staff. A Performing Rights Society (PRS) Licence will not cover musicals.
As part of your ‘all inclusive’ package with our musical plays, however, we hereby grant you the following Performance Licence and Copying Licence at no extra charge
The Performance Licence covers a period of 12 months from the date of purchase and allows:
· Unlimited performances of the purchased material to audiences of up to 200 people. The performances must be within 12 months of the date of purchase and this licence will expire thereafter and will need to be renewed for performances outside the 12 month period.
· Playback of the backing tracks and/or vocal tracks at performances.
· Use of all the songs and scripts etc from the purchased play in the classroom for teaching, and also in assemblies.
· Performances in schools and any venues other than schools by amateur dramatics groups, church groups and stage schools whether charging admission or not.
Please note this Performance Licence does not cover any other usage.
Please note this Performance Licence does not cover any professional performances in professional and/or commercial venues (e.g. theatres). For this type of commercial use, please contact us.
If in any doubt about whether or not the Performance Licence covers your intended use, please contact us.
This allows you to:
· Print or make additional copies of the materials as long as they are used by the purchasing school or person only.
· Print additional copies of the music scores for musicians playing in the performances.
· Make copies of the song lyrics to use in the performances. This also includes displaying/projecting lyrics on screens etc at the performance. Please ensure that you credit us on any lyrics with “Reproduced by kind permission © Popcorn School Ltd.”
· Share the audio/mp3 files as long as it is just between teachers and students of the purchasing school or organisation.
Please note audio/video/dvd recordings etc are not covered by the included licence. Please contact Popcorn School Ltd if you wish to make recordings. We allow uploading of audio/video recordings of your performances of our musicals onto public websites, subject to the following –
· You have a video/audio recording licence from us
· You clearly state the name of the musical and song and credit it us on any uploaded recordings as “© Popcorn School Ltd.”
· You abide by the terms and conditions of the relevant website to which you upload the recordings.
Royalty payments become immediately due if you perform any of the songs from the musical rather than the musical itself, to the public. If you or your school has a PRS (Performing Rights Society) Licence (sometimes these are arranged through the local authority), please inform the PRS if you perform any of our songs. Please contact us directly if you don’t have a PRS licence.
Please feel free to contact us direct with any queries. You could also look at the following website for more information: www.copyrightandschools.org
In addition to the Licence granted in clause 3.2 above, the following additional terms apply:
(a) You may only use the material for non-commercial performances. You are not permitted to use the material for commercial performances. If you wish to do so, you must contact us at email@example.com
(b) Please check the terms of your PRS licence (which for instance does not cover the performance of musicals or nativities) and your CCLI licence to ensure that you are properly licensed;
(c) Our material can easily be adapted to suit your particular requirements - you do not need to obtain our permission to make minor changes to the scripts. However, if you wish to make substantial changes to the scripts, please seek our written permission prior to doing so. You agree to indemnify us in the event that we suffer loss as a result of any changes that you have made to our material, including not limited in respect of any third party claim of intellectual property infringement;
(d) downloaded material must be stored in a safe and secure environment and must not transferred to any third party (whether in hard copy or electronically or otherwise) without our prior written consent;
(e) the only graphics on the Website which you are permitted to use are those featured on the material which you download. Such graphics are not to be used separately from the corresponding text and are not to be used for any purpose other than the performance of the material. You are expressly prohibited from using another other graphics or images on the Website; and
(f) our copyright and trade mark notices and this permission notice must appear in all copies and must not be removed edited or obscured.
(g) by placing an order on our website, you shall be deemed to have accepted this legal notice in full and you agree to ensure that any user of the material accepts this legal notice in full
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation musical scores, digital media clips, text, photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of material from the Website other than in accordance with this clause for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website and the downloaded material and the licence granted in this clause automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website and cease performance.
3.4 Any rights not expressly granted in these terms are reserved.
4.1 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind.
4.2 All our materials are used at your own risk. All our materials are intended for suggested uses only and are not intended as instructions. You are responsible for your own interpretation of our material (including but not limited to our suggestions as to stage directions, activities, song lyrics and dialogue). You are solely responsible for assessing the suitability of the material for your own particular circumstances. We accept no liability for your own interpretation or misinterpretation of the material.
4.3 Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
4.4 Although care has been taken in preparing information on this website and any materials or communications we provide, no warranty, express or implied, is made regarding the accuracy or completeness of any information. We do not accept any liability for any damage, losses, expenses or costs of any kind (in each case whether direct, indirect, incidental or consequential), arising out of or resulting from any reliance on the information we provide or any use or inability to use this website or materials.
4.5 All our audio files are optimised for stereo playback, and are thus intended to be played through stereo equipment; if playing back using mono equipment, the files may not sound as we originally intended.
5.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and our officers, directors and employees exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any Websites linked to the Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property.
5.2 Nothing in this legal notice shall exclude or limit our liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
5.3 Notwithstanding any other provision in this clause, our total liability under these terms shall not exceed the amount received by you in respect of the material against which our liability occurred.
5.4 You acknowledge that Click-n-Sing videos are provided "as is" and free of charge as an added-value offering additional to our plays and/or products. Accordingly, we do not warrant that Click-n-Sing videos will be made available, nor that your use of Click-n-Sing videos will be uninterrupted or error-free, nor that Click-n-Sing videos will meet your requirements. You acknowledge that Click-n-Sing videos have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of Click-n-Sing videos meet your requirements and are appropriate for use in any specific circumstances.
6. INTELLECTUAL PROPERTY POLICY
6.1 We really respect the intellectual property rights of others and ask that you do the same. We may terminate your account if you infringe, or may infringe the copyright or other intellectual property rights of others, and/or breach any of our licence agreements.
6.2 If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please tell us as soon as possible and We will be happy to discuss. It would be Useful when you contact us if you could provide the following:
(a) a description of the copyrighted work and/or trademark claimed to have been infringed;
(b) your contact details; and
(c) where the claimed infringement can be located on our Website.
6.3 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it (our "IP"). Our IP is protected by copyright laws and treaties around the world. All such rights are reserved.
6.4 Any downloaded or photocopied material from the Website must retain our copyright or licence notices.
6.5 Our status (and that of any identified contributors) as the authors of content on the Website produced by us must always be acknowledged and we assert our moral rights under Part II of the Copyright Designs and Patents Act 1988.
7.1 Please ensure that you check that the details on any order for material from the Website (an Order) are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between us.
7.2 These Terms will become binding on you and us when we email you with a written acceptance of an Order at which point a contract will come into existence.
7.3 The price of the material will be set out on our website at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
7.4 We offer a limited "28 day money back guarantee" in the event that you find the material you have purchased is not what you thought it would be or is not fit for the purpose for which it was purchased. If you wish to take advantage of this guarantee within 28 days of your purchase, we ask that you contact us, stating why you want your money back and returning all materials you have purchased, together with a confirmation that you have not retained any copies in any format. Provided your claim is within the 28 day window, we will refund your purchase in full.
8.1 Due to the instant nature of downloading material upon receipt of your order, you are not able to change your order without our express prior consent.
8.2 Normally, if you purchase material as a consumer (rather than on behalf of a school or organisation) you have a right to return online purchases within 14 working days. However, as access to our material will be accessible from the moment you download it, it is exempt from various Consumer Regulations and Distance Selling Directives and you will not be able to return material or cancel your order if you later change your mind.
8.3 By successfully placing an order to our Website, you fully acknowledge that the right to cancel your order will be lost. This will not affect your legal rights as a consumer in relation to Material that is faulty or not as described.
8.4 Material will be made available to you in a variety of standard formats (such as Word, PDF etc.) and the minimum technical system requirements to operate and download material is set out on our Website from time to time. It is your responsibility to ensure that your software is compatible and able to operate and download material from the Website.
9.2 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Popcorn School Limited, Popcorn School Ltd, 9 Yelverton Close, Walsall WS3 3XE. Our nominated representative for the purpose of the Act is Simon Horton.
10. INFORMATION WE MAY COLLECT FROM YOU
10.1 We may collect and process the Information you give us by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register and/or, search for or download material, participate in discussion boards or other social media functions on our Website, enter a competition, promotion or survey and when you report a problem. The information you give us may include your information and third party information if you are subscribing on behalf of a school or other organisation and may include name, address, e-mail address and phone number, financial and credit card information, personal description and sometimes photographs.
10.2 You warrant that you have permission to supply this information and any photographs of third parties and/or children under the age of 18 and you hereby fully indemnify us and our officers, directors, employees, agents and licensors against all and any costs (including but not limited to indirect and consequential loss) incurred and/or arising from any allegation, claim or demand, legal action, misrepresentation or litigation arising from such information and/or photographs.
11. INFORMATION WE COLLECT ABOUT YOU.
11.1 With regard to each of your visits to our Website we may automatically collect the following information:
(a) technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(b) information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
13. USES MADE OF THE INFORMATION
13.1 We use information held about you in the following ways:
(a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us including passing such information to third parties involved in the manufacture, delivery and/or payment stages of your Order;
(b) to provide you with information about other material and services we offer that are similar to those that you have already purchased or enquired about;
(c) to notify you about changes to the Website;
(d) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(e) to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
(f) we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
(g) we may share your information with selected third parties including credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you;
(h) we may disclose your personal information to third parties if Popcorn School Limited or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets;
(i) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms; or to protect the rights, property, or safety of Popcorn School Limited, our subscribers or others.
14. WHERE WE STORE YOUR PERSONAL DATA
14.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, We will Use strict procedures and security features to try to prevent unauthorised access.
15. ACCESS TO INFORMATION
15.1 The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
17. OTHER IMPORTANT TERMS
17.1 We may assign our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
17.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 Governing Law. These Terms are governed by English law. Both parties agree to submit to the exclusive jurisdiction of the English courts.
This policy was last updated on 2 March 2016.