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You must read and agree to these Terms and Conditions before placing an order for any Kingsbury Creations product.TERMS AND CONDITIONS
These Terms and Conditions are a legal agreement
between the Purchasing Institution ('You') and Kingsbury Creations.
By accepting these Terms and Conditions you declare that you are acting
on behalf of the Purchasing Institution. The Terms and Conditions are
deemed to have been accepted if You submit an order to Kingsbury
Creations in writing, online, by telephone or verbally.
These Terms and Conditions relate to products of Kingsbury Creations purchased by You. All materials including but not limited to the CD's,
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
if the Purchasing Institution is in possession of a valid Performance
Licence.
PERFORMANCE LICENCE
All public performances of
Kingsbury Creations Products require a valid Performance Licence. Blanket licences or permissions taken
out with copyright agencies such as PRS do not cover musicals or dramatic
works.
NB: The performing of a Kingsbury Creations Product in public without possession of a Performance Licence will place you in contravention of the Copyright Act and could render you liable to prosecution.
The Licence can be purchased directly from this website
and must be paid for in full no later than 28 days before the date of
the first performance.
If there are changes to your licensing circumstances or if you have any
enquiries regarding the Licence, then please contact the Licence
Controller, Richard Ireson, at:
Narrow Road Co.
76 Neal Street (3rd Floor)
London WC2H 9PL
Tel: 020 73799598
Upon receipt of a valid Performance Licence you are
granted permission to perform the Product subject to certain conditions,
some of which can be negotiated with Kingsbury Creations, but will
typically include the following:
1. The Licence does not allow public performances outside the
confines Purchasing
Institution. The confines of the
Purchasing Institution are defined as the main site of that institution
and any additional sites belonging to the institution.
2. The Licence is not transferable and it is non-exclusive.
3. You may not lend, loan, rent, sell or distribute the Product (or copies
thereof) in any form. However, you may make copies of the Product,
but these copies are strictly for use within the Purchasing
Institution only.
4. The Licence permits You to give a
stated maximum number of performances,
the dates of which will be listed on the Licence. For the licensing of
any additional performances You must purchase extra Licences
accordingly.
5. If you are charging for admission to a performance of the Product
then Kingsbury Creations is entitled to 10% of the gross admission
receipts. You must declare this figure to the Licence Controller
(details above) within one
month of the day of the final performance. This is in addition to
the Performance Licence fee paid in advance.
6. 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 in any investigation of unauthorised access to, or recording of, performances of the Product.
7. You agree to inform Kingsbury Creations, of any changes to the dates of performances of the Product as outlined above.
8. Up to two representatives of Kingsbury Creations reserve the right to attend any performance of the Product by You.
9. No significant changes or additions to the
Product are
permitted without permission from Kingsbury Creations. If changes
are consequently permitted then any
associated literature, including but not limited to programs and posters,
should clearly state that the material has been altered or abridged.
DVD or Audio Recording
If you wish to make or authorise the making of video/audio
recordings of performances of the Product and subsequently sell the
recordings then Kingsbury Creations is entitled to 15% of the gross
receipts thereof. Again, You must declare this figure to The
Licence Controller (details above) within one month of the final performance.
The DVD must clearly show the following information on either the disc or case
or both:
1. The names of the writer(s) and publisher
2. The Kingsbury Creations website: www.kingsburycreations.com
3. The words 'Copying is Prohibited'
COPYRIGHT (PRODUCTS)
All Products are © Kingsbury Creations. All rights reserved. This Agreement does not grant you any intellectual property rights in
the 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 only. For public performances a valid Performance
Licence is required. The Company will take all necessary legal action against individuals or institutions which perform
a Kingsbury Creations Product without a valid Performance Licence.
PAYMENT
After you have submitted your order your items will
be despatched along with an invoice.
Once you receive your items, payment can then be made either by:
You will be charged the current displayed price for
buying goods from our web site at the date you place your order.
DELIVERY
Delivery in the UK is subject to availability and normally occurs
within 3 days of receipt of payment. However, please allow up to 7 days for delivery.
All prices are inclusive of postage and packaging. In the event of supply difficulties, we will contact you to offer you a full refund
if appropriate. All deliveries are by first class post or Airmail if
overseas.
EXCHANGE/REFUND
If any Product 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:
www.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
twelve 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)
The 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 permission from 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
order 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
Kingsbury Creations website 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.
SCOPE OF TERMS AND CONDITIONS
These Terms and Conditions constitute the entire Agreement between
the parties hereto and supersede 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 these Terms and
Condition 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.
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 - 2011