bushgreen.org - Download Terms

DOWNLOAD TERMS

These Download Terms set out the terms and conditions upon which you are permitted to purchase, access and download from this website www.bushgreen.org (or such other URL as we may nominate from time to time) (the “Site”) scripts of plays, literary works and any other materials which have been uploaded onto the Site by third parties (the “Content”).

Please read these terms carefully before accepting these Download Terms. By clicking to accept these Download Terms you confirm that you have read, understand and agree to be legally bound by these Download Terms. If you do not agree and click to accept these Download Terms, you will not be able to purchase, access, download or use, in whole or in part, any of the Content.

The User Terms also govern your use of the Site and you agree that such terms are hereby incorporated into these Download Terms. In the event of any inconsistency between these Download Terms and the User Terms, the terms set out in these Download Terms shall prevail.

These Download Terms shall apply to all sales of Content by us and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by us or our authorised representative. Any purported provisions to the contrary are hereby excluded.

1. Ownership

1.1   This Site is owned and operated by The Alternative Theatre Company Limited trading as Bush Theatre (“we”, “us”, “our”).

1.2   We are registered in England and Wales under company number 01221968 and with our registered office at Hanover House, 14 Hanover Square, London, W1S 1HP.   Our main trading address is The Bush Theatre, Shepherds Bush Green, W12 8QD. Our VAT number is 228 3163 73.

1.3   If you would like to contact us for any reason, please contact us using the following details:

Postal Address: The Bush Theatre, Shepherds Bush Green, W12 8QD

Email: admin@bushgreen.org

2.   Eligibility

2.1 The purchase of Content from the Site is available only to users that can form legally binding contracts under English law. To purchase the Content you must be either (i) aged eighteen (18) years or older; or (ii) between the age of fourteen (14) and eighteen (18) and have your parent’s prior express permission to purchase the Content. We reserve the right to seek confirmation of age and/or proof of parental consent at any time and you agree to provide such proof of identity, age and/or parental consent as we consider reasonably necessary from time to time.

2.2 By placing an order through the Site, you warrant that you are at least eighteen (18) years old or you are between the age of fourteen (14) and eighteen (18) years old and have obtained your parent’s prior express permission to purchase the Content.

2.3 You undertake that all details you provide to us for the purpose of purchasing any Content will be correct, that the credit or debit card, or any electronic cash, which you use is your own or you are otherwise authorised to use it and that there are sufficient funds or credit facilities to cover the cost of the Content you wish to purchase.

3. Placing an order for Content

3.1 To place an order for Content you will need to follow the order procedure and payment procedure set out on the Site. Details of the price payable in respect of any Content are displayed on the Site.

3.2 All orders are subject to acceptance by us and we are entitled to refuse any order placed by you for any reason in our sole discretion. If for any reason we are unable to supply the Content requested in your order, we will endeavour to inform you as soon as possible.

4. Price and payment

4.1 For the avoidance of doubt, some of the provisions of this clause 4 may not apply to any testing period of the Site carried out prior to the launch of the Site but such provisions (or substantially similar provisions) shall automatically come into full force and effect upon the official launch of the Site.

4.2 Valid payment details must be submitted to us at the time of placing your order for the Content. We accept payment only from the credit and debit cards listed at the point of payment on the Site. The contract between us will only be formed when we charge your credit or debit card.

4.3 All prices are expressed as inclusive of VAT (where applicable) unless otherwise stated.

4.4 Except in cases of obvious error, the price of any Content will be as quoted on our Site.

4.5 Despite our best efforts, from time to time, the Content may be incorrectly priced on the Site. If the correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before accepting your order and providing you with the Confirmation or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

4.6 Please note that your internet service provider and/or telephone service provider may also charge you for time spent accessing the Site at their standard charges.

4.7 We and the third parties who make their Content available through the Site reserve the right to remove any such Content from the Site and to change the prices payable for such content at any time before we send you Confirmation of the order.

5. Cancellation and Refunds

5.1 You have a right to cancel your purchase after you place your order at any time, without penalty and without giving any reason, until such time as delivery of the Content has started, after which you will not be entitled to cancel your order. The supply of access to any Content shall constitute a service for the purposes of the Consumer Protection (Distance Selling) Regulations 2000.

5.2 You will only be entitled to a refund in respect of any Content if the Content was not made available to you to download from the Site within 30 days of payment due to negligence or fault on our part.

5.3 In these cases, you will be required to confirm in writing that you have destroyed (and deleted from any hardware) the Content to the extent that it is in your possession and that you have not shared the Content with any third party or committed any infringement of any Intellectual Property Rights and/or any other rights in the Content.
6. Delivery

6.1 Delivery of the Content and performance of the download service will be deemed to have taken place at the time when the Content is made available to you to download from your user account on the Site (“User Account”). We will use reasonable endeavours to deliver the Content to your User Account immediately but no specific delivery day or time is guaranteed.

6.2 Once the Content has been delivered to your User Account, the Content will be available indefinitely until such time as your User Account is either closed upon your express request or is closed by us due to it being inactive for a period of 12 months or more. After such time, you will not be able to access the Content from the Site without purchasing another copy of the Content unless you have been unable to download the Content due to technical difficulties with the Site or the Content.

6.3 If, due to technical difficulties with the Site or the Content you are unable to access the download within 72 hours of purchasing the Content, please contact us and provide us with your contact details and will provide you a copy of the Content as soon as reasonably practical. Our liability for defective delivery of any Content shall be limited to providing you with a replacement copy of the Content within a reasonable time.

7. Downloading and using Content purchased from the Site

7.1 You shall only be entitled to use any Content you purchase from the Site on a read only basis for your personal individual and non-commercial use. The Content will be stored on your User Account and you are only permitted to print one copy of the Content. You will not be able to save the Content on your personal computer nor will you be able to email it to third parties.

7.2 It is your responsibility to ensure that any Content downloaded to your User Account is kept securely at all times. We will not be responsible for any loss by you of any Content and shall not be liable to replace that Content for you.

7.3   You agree that you will not:
(a)   use any Content (or any part thereof) downloaded from the Site for any commercial or non-personal purpose or otherwise use any Content other than in accordance with clause 7.1 above;
(b)   incorporate the Content (in whole or in part) in any other work or make an adaptations and translations of the Content (or any part thereof);
(c)   make any copies or reproduce such Content (or any part thereof) other than those expressly permitted by clause 7.1 above;
(d)   issue copies of the Content (or any part thereof) or otherwise communicate the Content (or any part thereof) to the public;
(e)   perform, show, read aloud or play the Content (or any part thereof) in public;
(f)   rent, lend, distribute, publish, sub-licence, assign, sell or otherwise transfer the Content (or any part thereof) to any third person; and
(g)   remove or modify any copyright or other proprietary notices contained in the Content.

7.4 The delivery of any Content to you does not grant you any commercial or promotional usage rights in the Content or any other rights (save as expressly stated in these Download Terms) all of which are hereby expressly reserved by us.

7.5 Without prejudice to the generality of clause 7, you are not entitled to download or print the Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database or compilation in electronic or paper form comprising all or part of the Content. If you do so in contravention of this clause, you agree that we shall own all rights in or to such database or compilation and hereby assign to us any and all rights that you may have in or to any such database or compilation.

8. Suspension or Termination

We expressly reserve the right at any time, for any reason whatsoever and in our sole discretion to change, suspend, remove, limit or prevent access to the Site at any time without notice.
9. Warranties and Disclaimers

9.1 All Content made available for download through the Site is provided by third parties and is not in any way endorsed, approved, checked or vetted by us. You agree that we shall not be responsible or liable in any manner for the artistic merit, suitability, accuracy, reliability or currency of any Content nor for any offensive, inappropriate, infringing, obscene, unlawful or otherwise objectionable material included in the Content. Although we use standard anti-virus software on the Site since all downloadable Content is provided by third parties, we do not warrant that any such Content will be virus free.

9.2 We will use our reasonable endeavours to ensure that any Content which you purchase from us will be available for you to download immediately after sending the Notification to you. Other than the foregoing, the Site and the Content is provided on an "as is" basis without warranty of any kind, either express or implied and all other conditions, statements and warranties are hereby excluded to the fullest extent permitted by law.

9.3 Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site or downloading the Content. The downloading of any Content or other use of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or any loss of data that results from such downloading.

10. Liability and Disclaimers

10.1   Nothing in these Download Terms shall be construed as an attempt to limit or exclude our liability in respect of:
(a)   death or personal injury caused by our negligence;
(b)   any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
(c)   any other liability which cannot be so limited or excluded at law.

10.2   Subject to clause 10.1, we shall not be liable in contract, tort (including without limitation negligence) or otherwise for any loss, damage, costs, expenses or other liabilities suffered or incurred if:
(a)   you are unable to download any purchased Content due to an act or fault of any telecoms provider, internet service provider and/or technology supplier or due to systems maintenance;
(b)   there is any incompatibility or technical fault with your computer hardware, software and/or systems;
(c)   the information that you provide to us upon ordering and paying for the Content is inaccurate, incomplete or out-of-date;
(d)   you do not follow any instructions given to you by us for using the Site or accessing the Content;
(e)   your use of the Site or any Content results in the need for servicing, repair or correction of equipment, software or data;
(f)   we decide to suspend or terminate your access to the Site, or to take any other action during the investigation of a suspected breach by you of these Download Terms or as a result of us concluding that you have breached these Download Terms;
(g)   there is any failure to perform, or delay in performance of, any of our obligations under these Download Terms (including without limitation any delay in delivery of or access to any Content) that is caused by an event of Force Majeure (as defined in clause 17 below) or any other delay; or
(h)   you experience any loss, destruction or damage to any Content purchased by you for any reason other than as a result of our negligence.

10.3 In addition to clause 10.2 and subject to clause 10.1, you agree that we shall not be liable for loss of profit, lost savings or loss or corruption of data (whether direct or indirect), or any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, in all cases even if we have been forewarned of the possibility of such loss or damage.

10.4 To the extent that our liability is not excluded by the foregoing provisions of this clause, our liability to you in connection with the provision of any Content made available for download from the Site (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding the purchase price paid by you for the Content that gave rise to that liability.

10.5 You agree to indemnify, defend and hold harmless us, our affiliates, and any respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Download Terms.

11. Intellectual property
Any and all Intellectual Property Rights in and relating to the Site and Content are either owned by or licensed to us. For the purposes of these Download Terms, “Intellectual Property Rights” means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trade marks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.

12. Transfer of rights and obligations

12.1 These Download Terms are binding on you and us and on our respective successors and assigns.

12.2 You may not transfer, assign, charge or otherwise dispose of these Download Terms, or any of your rights or obligations arising under them, without our prior written consent.

12.3 We may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Download Terms, or any of our rights or obligations arising under them.

13. Our right to vary these Download Terms
We have the right to revise and amend these Download Terms from time to time. You will be subject to the Download Terms in force at the time that you order Content from us, unless any change to these Download Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Download Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Download Terms).

14. Third Party Rights
Except as expressly provided in clause 10.5, the parties agree that the provisions of these Download Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 10.5.

15. Data Protection
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the provision of products and services to you in accordance with our Privacy Policy

16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing (which includes email). When buying any Content, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Force Majeure
We shall not be liable for any failure to perform, or any delay in performing, (or for the consequences of any such failure or delay) any of our obligations under these Download Terms if such failure or delay is due to any cause whatsoever beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government, acts or omissions of third party suppliers and service providers) (“Force Majeure”), and we shall be entitled to a reasonable extension of the time for performing such obligations.

18. No Waiver
Any failure or delay by us to enforce any of our rights under these Download Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

19. Severability
If any clause or part of a clause of these Download is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Download Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Download Terms.

20. Entire Agreement
The warranties, exclusions and the other express provisions of these Download Terms and the User Terms [insert link] set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto.

21. Governing Law and Jurisdiction
These Download Terms are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.