TERMS & CONDITIONS
You must read and agree to these Terms and Conditions before placing an order for any Kingsbury Creations product.
The Seller is Kingsbury Creations, a private business.
These Terms and Conditions do not in any way affect your statutory rights.
These Terms and Conditions relate to products of Kingsbury Creations purchased by You, the representative of the Purchasing Institution.
All materials including, but not limited to, the mp3 files, Script and Score downloads (all 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
All public performances of Kingsbury Creations Products require a valid Performance Licence. The quantity of the Single Performance Licences purchased must match the number of performances you are intending to give. i.e. If you are intending to produce 4 performances then you need to put 4 in the quantity column of the Single Performance Licence item in your order. 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 Performance 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.
Upon purchase of a 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, detailed on your order . 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 pay this amount to Kingsbury Creations (PayPal and bank details shown on the Contact page, cheques made out to ‘Stephen Kingsbury’ please) within one month of the day of the final performance. This is in addition to the Performance Licence fee.
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. Up to two representatives of Kingsbury Creations reserve the right to attend any performance of the Product by You.
8. 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. You must pay this amount to Kingsbury Creations (PayPal and bank details shown on the Contact page) within one month of the day 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:
3. The words ‘Copying is Prohibited’
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.
Data & Info
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.
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.
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.
Payment & Delivery
After you have completed your payment you will receive an email with links to the digital downloads of the items.
You will be charged the current displayed price for buying goods from our web site at the date you place your order.
If any of the materials fail to download then please email firstname.lastname@example.org. Before purchasing, you should fully explore the product information given on the website: www.KingsburyCreations.com. Once an order has been placed then a refund is not possible. This is in addition to, and does not affect, your statutory rights.
Scope Of Terms & 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.
We are committed to providing excellent personal service and always welcome your comments.
If you have any comments please Contact Us.
Kingsbury Creations – 2020