TERMS AND CONDITIONS
These terms and conditions apply to orders for Kingsbury Creations products.
The Seller is Kingsbury Creations,
a private business.
Purchase of the product does not constitute any performance rights.
These terms and conditions do not in any way affect your statutory rights.
LICENCE AGREEMENT: A licence must be purchased at least 30 days prior to the first performance. A copy of the agreement containing your details will be emailed or posted to you once you licence application has been processed.
Sample Licence Agreement for performances of Kingsbury Creations Products…
Purchasing Institution:
School House
School Road
SS1 2SSNumber of performances:
5 (maximum)
Dates of performances:
1. 19/05/03
2. 20/05/03
3. 21/05/03
4.
5.Products purchased:
TI FPP
Licence number:
12345
Date issued:
01/01/03
This Licence Agreement is a legal agreement between the purchasing institution ("You") and Kingsbury Creations. By accepting this Licence Agreement You declare that you are acting on behalf of the purchasing institution named above. The Licence Agreement is deemed to have been accepted if You submit an online application for a Performance Licence or You request a Performance Licence from Kingsbury Creations in writing, by telephone or verbally. Kingsbury Creations cannot accept responsibility for loss or damage to Performance Licences mailed or emailed to You. A copy of each performance Licence will be kept with Kingsbury Creations.
This licence agreement relates to a product of Kingsbury Creations purchased by You. All materials including but not limited to the CD tracks, script and piano/vocal score (hereafter known as the "Product") and any upgrades or modifications of the Product may only be used in public performances under the terms of this Licence Agreement. Upon acceptance of this Agreement, Kingsbury Creations grants you a performance licence to use the Product on condition that you agree to the following:
1. The Product may only be used within the confines of the Purchasing Institution unless by prior arrangement with Kingsbury Creations.
2. This Licence Agreement is not transferable and it is non-exclusive.
3. You may not lend, loan, rent, sell or distribute the Product (or copies) in any form. However, on receipt of a licence You may make copies of the Product, but these copies are strictly for internal use only.
4. This licence permits You to give a maximum of 5 (five) performances. For the licensing of additional performances You must apply for an extended licence from Kingsbury Creations.
5. Audience numbers must not exceed 500 (five hundred) at any one performance. If this audience number is exceeded You must apply for an extended licence from Kingsbury Creations.
6. The confines of the purchasing institution are defined as the main site of that institution and any additional sites belonging to the institution. The Licence does not allow public performances outside the purchasing institution without the written consent of Kingsbury Creations.
7. No photographic or auditory recordings of performances of the Product are permitted without the written consent of Kingsbury Creations.
8. You are responsible for taking reasonable measures to prevent access to (and any form of recording of) any performance of the Product by unauthorised persons, and You are responsible for terminating any unauthorised access of which You have notice or knowledge. You agree to co-operate with Kingsbury Creations in any investigation of unauthorised access to, or recording of, performances of the Product.
9. You agree to inform Kingsbury Creations of any changes to the dates of performances of the Product as outlined above.
10. Up to 2 (two) representatives of Kingsbury Creations reserve the right to attend any performance of the Product by You.This Agreement constitutes the entire Agreement between the parties hereto and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings. No amendment of this Agreement shall be effective unless it is in writing and signed by the parties hereto. If any provision of the Agreement is found to be unlawful or void then that provision shall be severed from the Agreement and will not affect the validity of the remaining provisions. This Agreement shall be governed by the laws of England.
Copyright notice The Product is © Stephen Kingsbury 2003. All rights reserved. This Agreement does not grant you any intellectual property rights in the Product.
COPYRIGHT (PRODUCTS): Kingsbury Creations’ products are sold subject to the condition that they shall not, by way of trade or otherwise, be resold, hired out, circulated or distributed without prior consent. Copies may be made but these are strictly for use within the purchasing institution. For public performances or for making copies of any purchased product, a valid performance licence is required. The Company will take all necessary legal action against individuals or institutions, which perform Treasure Island! without a valid performance licence.
PAYMENT: Payment is by post using a cheque to the address given in the invoice (also available on our Contact Us page). Please note we do NOT currently accept credit or debit cards. You will be charged the current displayed price for buying goods from our web site at the date you place your order. Purchase of the product does not constitute any performance rights.
DELIVERY: Delivery in the UK is subject to availability and normally occurs within 3 days of receipt of payment. However, please allow up to 14 days for delivery. In the event of supply difficulties, we will contact you to offer you a full refund. All deliveries are by first class post.
EXCHANGE/REFUND: If your CD is faulty, you should return it to us, giving reasons, and we will issue a replacement. We regret we are unable to refund the cost of postage and cannot accept responsibility for goods lost in transit from you to us. We regret that due to the nature of the product, we cannot accept return of goods, which are not faulty. Before purchasing, you should fully explore the product information given on the website: KingsburyCreations.com This is in addition to, and does not affect, your statutory rights.
GUARANTEE: The product is guaranteed free from defects in material and workmanship for a period of 12 months from the time of delivery. The guarantee is not liable in respect of any defects arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration.
COPYRIGHT (WEBSITE): This website is controlled and operated by Kingsbury Creations and is maintained for your personal information and for communicating with Kingsbury Creations. Your access to and use of the site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing the site, you accept, without limitation or qualification, these terms and conditions. You should assume that everything you see or read on the site is protected by copyright unless otherwise noted, and may not be used except as provided in these terms and conditions without the written permission of Kingsbury Creations. Images of people or places displayed on the site are either the property of, or used with permission by Kingsbury Creations. Any unauthorised use of the images or sound files may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may download material displayed on the site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, transmit, reuse, re-post, or use the content of the site for public or commercial purposes, including the sound files, text and images without seeking written permission from the Partners of Kingsbury Creations or through the terms of a valid Performance Licence Agreement. You may not produce promotional posters for productions using images from this website without the permission of Kingsbury Creations.
You agree to indemnify, defend and hold Kingsbury Creations, and its respective Partners harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any Indemnified Party in connection with any breach by you of these terms and conditions.DATA AND INFORMATION: Kingsbury Creations neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Kingsbury Creations. While we use reasonable efforts to include accurate and up to date information in the site, Kingsbury Creations makes no warranties or representations as to its accuracy nor assume any liability or responsibility for any errors or omissions in the content of the site. Your use of and browsing in the site are at your risk. Neither Kingsbury Creations nor any other third party involved in creating, producing, or operating this website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Kingsbury Creations further assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, video, or audio from the site. Any communication or material transmitted to the site or to Kingsbury Creations by electronic mail or otherwise will be treated as non-confidential and non-proprietary, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting unless otherwise stated. Kingsbury Creations respects the privacy concerns of the users of its site. Certain personal information is recorded by the standard operation of our internet servers and by the interaction of users with our systems of communication such as booking forms and emails. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customise your online experience. This data will not be provided to other parties except to justify claims of volumes of site traffic to secure advertising contracts. Personally identifiable information that may be collected in connection with your voluntarily filling out forms may be retained by Kingsbury Creations but is not sold or otherwise transferred outside Kingsbury Creations without your prior consent.
GENERAL: All matters concerning and incidental to any offer or agreement for the purchase and sale of goods from our web site shall be construed and governed according to English law and the English courts shall have jurisdiction in all such matters.
Kingsbury Creations reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Kingsbury Creations' defence of such claim.
Kingsbury Creations makes no representation that materials in the site are appropriate or available for use in other locations and other countries. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These terms and conditions shall be governed by, construed and enforced in accordance with the laws of England and Wales and the courts of England and Wales shall have non-exhaustive jurisdiction in actions brought by You, any third party or Kingsbury Creations. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions
Kingsbury Creations may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
OUR COMMITMENT: We are committed to providing excellent personal service and always welcome your comments. If you have any comments please Contact Us.Kingsbury Creations - 2003