THE FUN PALACES CAMPAIGN

WEBSITE TERMS OF USE

1. TERMS

1.1      This document sets out the terms and conditions (these Conditions) that govern use of this Website.

1.2      By visiting this website you (individual / group / organisation etc) agree to be bound by these Conditions and are entering into a legally binding contract with The Albany 2001 Company, a registered charity and company limited by guarantee whose registered office is at The Albany Centre, Douglas Way, Deptford, London SE8 4AG (company number 04333098) (We/us).

1.3      We are a company that works with and supports The Fun Palaces Campaign, which is an unincorporated association that owns the rights to and within the Fun Palaces concept (The Fun Palaces Campaign).

1.4      We may revise these Conditions and any policies referred to in these Conditions by amending these Conditions on the Website and/or emailing the revisions to You. Any revisions will be binding on you.

 2. USE OF WEBSITE

2.1      We may update the Website from time to time, and may change the content at any time.

2.2      We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

2.3      The Website is made available free of charge.

2.4      We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website or the services we provide without notice. We will not be liable to You, if for any reason the Website is unavailable at any time or for any period.

2.5      You are responsible for making all arrangements necessary for You to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Conditions, and that they comply with them.

2.6      All use by You of the Website is subject to our Acceptable Use Policy.

2.7      You may use the Website for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content obtained from the Website, except for copying, distribution or reproduction that is (i) strictly necessary for any personal and non-commercial use or (ii) where such content is identified as being available for use pursuant to the terms of a Creative Commons licence, carried out strictly pursuant to the terms of the applicable Creative Commons licence.

2.8      The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

2.9      Although We make reasonable efforts to update the information on the Website, We make no representations, warranties or guarantees, whether expressed or implied, that the content on the Website is accurate, complete or up-to-date.

3. YOUR ACCOUNT AND PASSWORD

3.1      If You register on this Website and You choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, You must treat such information as confidential. You must not disclose it to any third party.

3.2      We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Conditions.

3.3      If You know or suspect that anyone other than You knows your user identification code or password, You must promptly notify us at hello@funpalaces.co.uk

4. DATA PROTECTION

4.1      Your privacy is important to us and The Fun Palaces Campaign. The Fun Palaces Campaign is the data controller of your personal information and will not share your information with third parties.

4.2      The Fun Palaces Campaign will use your personal information in accordance with its Privacy Policy.

4.3      If You opt-in as part of the sign-up and account creation process, the Fun Palaces Campaign may email you with news and information about events and activities (including fundraising) related to The Fun Palaces Campaign.

5. LINKS

 5.1      From time to time We publish links to third party websites that We feel could be of interest to You. We make every effort to ensure that these sites reflect the ethos of The Fun Palaces Campaign, but We have no control over these sites and You proceed at your own risk. Neither We nor The Fun Palaces Campaign endorse these sites and neither of us is liable for any products, services or content you may access or purchase via any of these sites.

6. UPLOADING CONTENT TO THE WEBSITE

6.1      Whenever You make use of a feature that allows You to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy.

6.2      You warrant that any content that You upload complies with those standards, and You will be liable to us and indemnify us for any breach of this warranty. This means You will be responsible for any loss or damage that We or The Fun Palaces Campaign suffer as a result of your breach of warranty.

6.3      Any content You upload to the Website will be considered non-confidential and non-proprietary.

6.4      We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by You or any other user of the Website.

6.5      We have the right to remove any posting You make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

6.6      If You are under 18 please get your parent/guardian’s permission before posting any content on the Website.

6.7      The views expressed by other users on the Website do not represent our views or values.

7. VIRUSES

7.1      We do not guarantee that the Website will be secure or free from bugs or viruses.

7.2      You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

8. INDEMNITY

8.1      You agree to indemnify and keep indemnified both us and The Fun Palaces Campaign (and all directors, officers and members of The Albany 2001 Company and The Fun Palaces Campaign) from and against all claims, damages, expenses, costs and liabilities (including legal fees) arising (i) from your use of this Website; and/or (ii) any breach by You of any obligation, undertaking, warranty or term of these Conditions.

9.LIABILITY

 9.1     Nothing in these Conditions excludes or limits our liability or that of The Fun Palaces Campaign for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

9.2      To the extent permitted by English law, We exclude all conditions, warranties, representations or other terms that may apply to the Website or any content or materials on it or in respect of the Event, whether express or implied.

9.3       As the Website is provided to You free or charge, neither We or The Fun Palaces Campaign accept any liability to You for the content on the Website to the maximum extent permitted by English law.

9.4      In particular, neither We or The Fun Palaces Campaign accept liability for any indirect, special or consequential losses, including (for example) loss of profits, revenue, data, anticipated savings, business opportunity, business interruption or goodwill.

9.5      If you are a consumer, these Conditions do not affect any statutory rights You may have as a consumer.

9.6      Neither We or The Fun Palaces Campaign will be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

10. COPYRIGHT

10.1    The Fun Palaces is the owner of the copyright and other intellectual property rights in the content on the Website, including (by way of example) the toolkit of materials available on the Website.

10.2    You hereby grant to The Fun Palaces Campaign and The Albany 2001 Company a non-exclusive, worldwide, royalty-free licence (together with the right to sub-license) to use, store, copy or otherwise distribute any content that You upload to the Website for the full term of copyright (including any renewals, reversions and extension) and so far as permissible in perpetuity in any media (whether now in existence or invented in the future), including (by way of example) for all publicity purposes.

10.3    You agree not to use or reproduce any content on the Website, aside from aside from the Resources and Toolkit materials that we provide to Makers, or your own. If you wish to reproduce content you should gain the prior written permission from The Fun Palaces Campaign.

11.TRADE MARKS

11.1    “FUN PALACES” and the Fun Palaces logo are trade marks of The Fun Palaces Campaign (the Trade Marks).

11.2    You acknowledge that all rights in the Trade Marks are the property of The Fun Palaces Campaign.

11.3    You will not do anything that may damage our reputation, the reputation of The Fun Palaces Campaign or the reputation attaching to the Trade Marks.

12. GENERAL

12.1    If at any time any provision of these Conditions shall be held by any competent authority to be invalid, illegal or unenforceable, this shall not affect the other provisions of these Conditions, which shall remain in full force and effect.

12.2    No waiver of any term, condition or breach of these Conditions shall be deemed a waiver of any other terms, conditions or later breaches of these Conditions.

12.3    You may not assign, sub-contract or otherwise dispose of these Conditions without our prior written consent.

12.4    These Conditions form the entire agreement of the parties and shall replace and supersede all prior agreements, either oral or written as to its subject matter.

12.5   These Conditions cannot be varied except by a written agreement signed by both parties.

12.6    These Conditions are not intended to create a partnership, joint venture or tenancy agreement between the parties nor between You and The Fun Palaces Campaign.

12.7    The parties agree that the provisions of these Conditions are personal to them and are not intended to confer any benefit on any third party and that the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Conditions or to any of its terms, except that The Fun Palaces Campaign (or any of its members) may enforce any provision of these Conditions.

12.8    These Conditions shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or in connection with these Conditions.

13. CONTACT

 13.1    Please contact hello@funpalaces.co.uk in the event of any queries regarding the Website or these Conditions.

 Last updated 04.03.2020