THE FUN PALACES CAMPAIGN

TERMS & CONDITIONS   (FUN PALACE MAKERS)

 1. TERMS

1.1      This document sets out the terms and conditions (these Conditions) that govern use of this Website and on which any person or organisation that is organising a Fun Palaces Event (the Fun Palace Maker(s) or You/your) agrees to run their Fun Palaces Event (the Event).

1.2      By accepting these Conditions and agreeing to run the Event, You 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 in the Fun Palaces concept (The Fun Palaces Campaign).

1.4      The contract between You and Us is formed when You agree to these Conditions by ticking the box on (www.funpalaces.co.uk) (the Website) while you are registering as a Fun Palace Maker.

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. RUNNING THE EVENT

2.1      You agree that:

• You are wholly and solely responsible for funding, organising and administering the Event in accordance with all applicable legislation. Neither We or The Fun Palaces Campaign will be responsible for providing funding for the Event or for any expenses or losses incurred by You in connection with the Event.
• We will provide You with a presence on the Website to promote the Event, but You are responsible for any other publicity You wish to undertake in respect of the Event.
• You may use the Toolkit on the Website solely for the purpose of running the Event.
• You are wholly and solely responsible for contracting and paying for any staff or performers that you engage for the running of the Event.
• The Event will be free of charge to visitors and shall comply with the ethos of the Fun Palaces Campaign as set out here.
• You agree to ensure that You obtain adequate public and employer’s liability insurance in respect of the Event, which will cover your venue, all activities, staff and visitors. If such insurance is not already in place, you agree to ensure that it is obtained prior to the date of the Event. You will provide evidence of such insurance, including evidence that the applicable premium has been paid on request.
• You will ensure that the Event shall not be defamatory, obscene or likely to cause public disorder or otherwise unlawful.
• You agree to take all reasonable steps to minimise the risk of injury to staff, participants and visitors during the Event and in any preparations for the Event or any post-Event activity.
• You agree to ensure that the venue for the Event and any set, seating or equipment used at the Event is appropriate for the Event and safe.
• You agree to comply at all times with current Health and Safety Legislation in relation to the Event. More information and advice can be found on the HSE website: http://www.hse.gov.uk/event-safety/index.htm
• You agree to complete appropriate risk assessments and, where applicable method statements, in line with HSE guidance for all activities taking place at the Event.
• Neither We or The Fun Palaces Campaign shall be responsible for loss or theft of or damage to property at the Event
• You agree to ensure that all performances and activities at the Event are not dangerous or harmful to staff, participants or audience.
• You agree to ensure that all necessary licences are obtained from the relevant local authority in respect of the Event and that your Event does not contravene the terms of any such licence. Please contact your local authority for further information.
• You agree to obtain all necessary copyright licences and clearances required in respect of any performance taking place at your Event and any publicity materials you create for the Event, including where applicable in respect of any music, images or video to be played or otherwise used in connection with the Event or any publicity materials.
• You agree that you will not film / photograph / record at the Event without clearly sign-posted notification to attendees and that You will respect the wishes of individuals who do not want to be filmed / photographed / recorded. If you wish to film / photograph / record any performers at your Event, you will consider ensuring that their written consent is obtained.
• You agree to safeguard the welfare of all children and vulnerable adults attending the Event and to ensure that adults working with children or vulnerable adults at the Event are DBS checked where necessary. See https://www.disclosureservices.com for further information.
• You will notify The Fun Palaces Campaign promptly if any event occurs which may have a material adverse impact on the Event or of any serious incident occurring at or in relation to the Event.

3. USE OF WEBSITE

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

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

3.3      The Website is made available free of charge.

3.4      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.

3.5      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.

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

3.7      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.

3.8      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.

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

4.  YOUR ACCOUNT AND PASSWORD

4.1      If 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.

4.2      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.

4.3      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

5. DATA PROTECTION

5.1      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.

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

5.3      By registering as a Fun Palace Maker, You agree that The Fun Palaces Campaign may email you with news and information about events and activities (including fundraising) related to The Fun Palaces Campaign.

 6. LINKS

6.1      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. We do not endorse these sites and We are not liable for any products, services or content you may access or purchase via any of these sites.

 7. UPLOADING CONTENT TO THE WEBSITE

7.1      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.

7.2      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.

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

7.4      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.

7.5      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.

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

8. VIRUSES

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

8.2      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.

9. INDEMNITY

9.1      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 as a result of: (i) the Event (including the preparations for the Event and any post-Event activity); you’re your use of this Website; and/or (ii) any breach by You of any obligation, undertaking, warranty or term of these Conditions.

 10. LIABILITY

10.1    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.

10.2    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.

10.3    As the Website is provided to You free of charge and You do not pay us for the right to run the Event, neither We or The Fun Palaces Campaign accept any liability to You for the content on the Website or in respect of the Event to the maximum extent permitted by English law.

10.4    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.

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

10.6    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.

 11. COPYRIGHT

11.1    The Fun Palaces or its licensors are the owners 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. You retain ownership of the copyright of any material you contribute to the Website.

11.2    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. This includes usage on the BBC site during the Get Creative Campaign (February 2015 – February 2016).

11.3    You agree not to use or reproduce any content on the Website, aside from your own, unless You have prior written permission from The Fun Palaces Campaign.

 12. TRADE MARKS

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

12.2    You may use the Trade Marks solely for the purposes of publicising and promoting the Event and not for any other purpose.

12.3    You will comply with any guidelines for use of the Trade Marks as set out in the tool kit or that We or The Fun Palaces Campaign notify to You in writing from time to time.

12.4    You acknowledge that all rights in the Trade Marks, including any goodwill arising as a result of your use of the Trade Marks will be the property of The Fun Palaces Campaign.

12.5    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.

 13. TERM AND TERMINATION

13.1    The contract between You and us will be for a term commencing on the date that you register as a Fun Palaces Maker and will continue for so long as you remain registered as a Fun Palaces Maker, unless terminated earlier in accordance with paragraph 13.2.

13.2    We may terminate this contract by notice to You in writing in the event that You commit a material breach of these Conditions.

13.3    In the event that We terminate this contract, your registration as a Fun Palace Maker and your right to run the Event will cease immediately.

13.4    Termination of this contract is without prejudice to any rights or remedies that have accrued prior to the date of termination and all provisions that need to survive termination of this contract to give effect to their meaning shall survive termination.

 14. NOTICES

14.1    Any notice or other communication to be given under these Conditions shall be in writing and shall be served at the relevant party’s address as set out above or as provided by You when you register as a Fun Palaces Maker (or such other address as may be notified from time to time in writing in accordance with this paragraph 14.1) by first class post or by personal delivery and shall be deemed to have been given in the case of first class post 48 hours after posting and in the case of personal delivery immediately upon such delivery to that address.

 15. CONFIDENTIALITY

15.1    Each party acknowledges that information of a confidential nature relating to the business of the other (and/or of The Fun Palaces Campaign) may be disclosed to it or otherwise come to its attention as a result of these Conditions. Each party undertakes to hold such information in confidence and not, without the prior written consent of the other or (where applicable) The Fun Palaces Campaign, disclose it to any third party (other than its own professional advisers or in our case to The Fun Palaces Campaign), nor use it for any purpose other than in the performance of these Conditions.

15.2    Paragraph 15.1 will not apply to information that is generally available to the public through no act or omission of the receiving party, or becomes known to the receiving party through a third party with no obligation of confidentiality, is independently developed by the receiving party or is required to be disclosed by law, court order or request by any government or regulatory authority. This undertaking shall continue in force for a period of 10 years after the date of these Conditions.

 16. FORCE MAJEURE

16.1    Neither party (nor The Fun Palaces Campaign) shall be liable for any failure or delay in performance by it of any of its obligations under these Conditions to the extent arising from any circumstance beyond the reasonable control of that party (including an act of God, compliance with any law or governmental order rule regulation or direction, war, riot, terrorist acts or the threat of terrorist acts, industrial dispute, protest, tempest, epidemic, explosion, civil commotion or insurrection, royal demise, malicious damage, fire, flood, accident and storm), provided that the party affected by any such event promptly notifies the other of its occurrence and likely duration and co-operates in good faith with the other party with a view to agreeing alternative means of performance wherever reasonably practical.

 17. GENERAL

17.1    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.

17.2    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.

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

17.4    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.

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

17.6    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.

17.7    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.

17.8    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.

 18. CONTACT

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

Last updated   12.11.2014