Terms and Conditions

Last Updated: 9 June, 2017

 

Pop-up Launch Pad LIMITED 

 

Website Terms of Use

Welcome to our website www.popuplaunchpad.com (the “ Website ”). This Website is controlled and operated by Pop-up Launch Pad Limited (“ Launch Pad ” / “ us ”/ “ we ” / “ our ”). Launch Pad is a company registered under number 10805855 in England and Wales, whose registered office is at 51 High Street, Otford, Kent, TN14 5PL United Kingdom.

 

1. Acceptance of Agreement

1.1 This terms of use agreement (together with the documents referred to in it) (“ Terms of Use ”or this“ agreement ”) is a legal agreement between you and us for use of our Website and our services (“ Services ”) (the Website and the Services together, the “ Platform ”). Please read these Terms of Use carefully before using the Platform. Using the Website indicates that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Platform. Words and expressions which are defined in the Act (to the extent applicable) shall have the meanings attributed to them therein when used in this agreement unless otherwise defined or the context otherwise requires.

1.2 When using the Website, you must also comply with the following term, which also applies to your use of the Platform: our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is true and accurate, current and complete in all respects; and

 

2. Access to the website

2.1 In consideration of you agreeing to abide by these Terms of Use, we hereby grant to you a non-exclusive, non-transferable, licence to use the Platform in order to apply to participate and participate in an artist residency or other event (“ Residency ”) taking place at a house, flat, or other form of residential accommodation determined by Launch Pad (“ Home ”);

2.2 By accessing the Website, using the Services, or by viewing, accessing, streaming, uploading or downloading any information to/from the Website you represent and warrant that you have read and understood these Terms of Use, will abide by them, and that you are 18 years of age or more.

2.3 Access to the Platform is permitted on a temporary basis for your private purposes only and we reserve the right to withdraw or amend the Services we provide on the Platform without notice. We will not be liable if for any reason the Platform is unavailable at any time or for any period.

2.4 From time to time, we may restrict access to all or any part of the Platform, generally or to specified users or to users who have registered with us.

2.5 When you visit this Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

2.6 You must not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Website is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack.

2.7 If you breach clause 2.6, you will be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Platform.

2.8 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any website linked to it.

 

3. Description of the website

3.1 The Platform is a hosting service. Users of the Platform may submit and upload text and other data or information (“ Content ”), which will be stored by Launch Pad. We may, from time to time, release new tools and resources on the Website or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

 

4. Changes to the Platform

4.1 We may update the Platform from time to time, and may change the Services at any time.

4.2 We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.

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

 

5. Changes to the Terms of Use

We may revise these Terms of Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use this Website. Your continued use of the Platform after the date the modified terms are posted will constitute your acceptance of the modified terms.

 

6. Your Content

6.1 Except as expressly set out in this agreement or as permitted by any local law, you undertake:

(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or your access to the Website;

(b) not to engage in any of the Restricted Activities (as defined below);

(c) not to make alterations to, or modifications of, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs or websites;

(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;

(e) to include the copyright notice of Launch Pad on all entire and partial copies of the Platform in any form; or

(f) not to provide, or otherwise make available, the Platform in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us.

 

6.2 You agree that when using the Platform you will comply with all applicable laws and this agreement. In particular, but without limitation, you agree not to:

(a) use the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity; or

(b) breach any law, statute, contract, or regulation;

(c) act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;

(d) provide false, inaccurate or misleading information;

(e) use an anonymising proxy;

(f) alter or modify any part of the Website or the Service;

(g) use the Platform for any commercial uses unless you have obtain our prior written permission;

(h) collect any personal data of any user of the Platform (and agree that this shall be deemed to include account names);

(i) attempt to gain unauthorised access to the Platform or any networks, servers or computer systems connected to the Platform.

(together the “ Restricted Activities ”)

6.3 You agree that the Content you submit to the Platform will not contain any third party copyright, or materials that is subject to other third party proprietary rights including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question

6.4 Notwithstanding clause 6.1 and 6.2, you agree to indemnify us in full and on demand from and against any loss, damage, costs or expenses which Launch Pad suffer or incur directly or indirectly as a result of your use of the Platform otherwise than in accordance with this agreement or any applicable laws.

6.5 You warrant to us that all the information you provide to Launch Pad is true and accurate to the best of your knowledge.

 

7. Intellectual Property Rights

7.1 We are the owner or the licensee of all intellectual property rights on the Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

7.2 You may freely browse the Website but may only access, download, print or use the Content from the Website for your private use provided that (a) you retain and reproduce all copyright and other proprietary notices contained herein on any such content, (b) the Content shall not be modified in any way and you do not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text and (c) your use does not constitute infringement of the rights of Launch Pad or any third parties including (without limitation) defamation, or infringement of the right of privacy or right of publicity. Our status (and that of any identified contributors) as the authors of the Content and materials on the Website must always be acknowledged.

7.3 The trade marks, service marks, and logos ( “Trade Marks” ) contained on the Platform are owned by Launch Pad, our group companies or third party partners of Launch Pad. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Launch Pad, the relevant group company or the relevant third party partner of Launch Pad.

7.4 You must not use any part of the Content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

7.5 If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials and/or Content you have made.

 

8. Linking to our website

8.1 You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part without prior written consent. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website. Our Website must not be framed by any other site.

8.2 For the avoidance of any doubt, you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

8.3 We reserve the right to withdraw linking permission without notice.

 

9. Disclaimer

9.1 Although Launch Pad will make reasonable efforts to include accurate and up-to-date content of the website, Launch Pad shall not be liable in any way for errors or omissions in the content of the website. The content on the website is provided ‘as is’ without warranties or representations of any kind, either express or implied, including but not limited to warranties or representations with respect to the quality of material on the website, authenticity, accuracy, reliability, completeness, fitness for a particular purpose, or non-infringement, of third parties’ rights of the content, or warranties or representations that access to the website is free from errors or the website is free from computer viruses. All implied warranties are excluded to the maximum extent permitted by law. If any of the above exclusions of warranties are unenforceable, the other exclusions listed above will still be given effect to the full extent permitted by that jurisdiction’s law. Launch Pad shall not be liable to you or any third party for any damages (including but not limited to, loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, wasted expenditure, management or office time, loss of privacy, and loss of data) or any other indirect, special, or punitive damages whatsoever or injury resulting from your access to or liability to access the Website or from reliance on any content of the Website.

9.2 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury by our negligence.

 

10. Representations, warranties and indemnity

10.1 You hereby agree to indemnify defend and hold harmless Launch Pad, its subsidiaries, successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:

(a) any violation by you of these Terms of Use;

(b) any third party claim of infringement of copyright or other intellectual property rights or tortious claim arising from your making available Content to other users of the Platform, and/or the actual use of the Content by other users of the Platform in accordance with these Terms of Use;

 

11. The Home

11.1 Launch Pad, its representative, employees or agents, the organisers of the Residency and the Owner of the Home (collectively the “ Organisers ”) reserve the right to:

(a) refuse entry to any persons who are in the opinion of the Organisers posting a safety or security risk at or in the vicinity of the Home during, immediately prior to or immediately following the Residency; and

(b) request identification for each or any person, without which entry to the Home may be refused.

11.2 The right of entry to all parts of the Home is reserved at all times to the Owner of the Home and any other persons authorised by it.

11.3 The Organisers reserve the right to prohibit within the Home:

(a) items which are or may be illegal. Anyone found in possession of illegal or contraband goods may also be liable for prosecution;

(b) weapons, ammunition, explosives, horns, whistles, drums, fireworks, large umbrellas or any other item which in our reasonable opinion, may cause danger or disruption to any Residency or to other visitors (regardless of whether or not such item is illegal or is carried for specific purposes);

(c) items which the Owner of the Home at the Residency has asked us to prohibit or are otherwise prohibited pursuant to these Terms of Use;

11.4 You are responsible for safeguarding your property when at the Home and Launch Pad will have no liability for property that is lost, stolen or damaged when at the Home.

11.5 When participating in a Residency in the Home you agree:

(a) to pay for any losses or damages to the property and contents caused by you or a member of your party, unless the cost of making good such loss or damage can be fully recovered under any householder's insurance policies maintained by the owners of the Home without any loss of no-claims bonuses and subject to any excess payments;

(b) not to cause disruption to other people at the Residency and further agree to respect the Home and not to cause any damage to the Home. You may be ejected from the Home if, in the reasonable opinion of the Organisers, you are a risk to the safety of others at the Home and/or may affect the enjoyment of others at the Home and/or the running of the Residency or may cause damage, nuisance or injury. Examples including being (or appearing to be) drunk, incapable, intoxicated or under the influence of illegal drugs, abusive, threatening, behaving anti-socially, carrying or having on your person any of the prohibited items set out in clause 11.3 above or in breach of any of these Terms of Use. If you do any of the acts mentioned above, Launch Pad reserves the right to eject you from the Home.

11.6 You acknowledge and agree that Launch Pad is in no way responsible for losses or damages to the property and contents caused by you or a member of your party.

11.7 You may notify the Organisers, leave the Home, and end the Residency at any time. You acknowledge and agree that the Organisers are in no way responsible for your wellbeing.

11.8 If you have any convictions or court orders, you agree that you will not participate in Residencies organised through or by Launch Pad. Launch Pad reserves the right to eject you from any Residency or Home at which you are present in contravention of a court order or conviction.

11.9 Launch Pad shall not be liable in the event of a cancellation, postponement or material alteration of a Residency. It is your responsibility to check with the Owner of the Home for news of any cancellation, postponement or alteration of the Residency. Information on such matters will be made available by Launch Pad as soon as reasonably practicable. You are advised that the Website cannot always be updated immediately and that circumstances giving rise to cancellation or alterations can sometimes arise immediately prior to a Residency. 

 

12. Launch Pad’s liability

12.1 Nothing in these Terms of Use excludes or limits our liability 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.

12.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.

12.3 Subject to clause 12.1, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Platform;

(b) any changes that Launch Pad may make to the Platform or any part thereof;

(c) any action taken against you by a third party with respect to any alleged infringement of such third party’s rights relating to the Content or your use of the Platform;

(d) any errors or omissions in the Platform’s technical operation, or from any inaccuracy or defect in any Content or any information relating to the Content;

(e) your failure to provide Launch Pad with accurate or complete information, or your failure to keep your email address or password suitably confidential;

(f) any loss or damage to any computer hardware or software, any loss of data (including the Content), or any loss or damage from any security breach;

(g) any loss of profits, consequential or special loss; or

(h) use of or reliance on any content displayed on the Platform.

12.4 We will not 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 Platform or to your downloading of any content on it, or on any website linked to it.

12.5 Launch Pad has not reviewed the third parties’ sites that may link to or be linked by the Website and does not endorse and is not responsible for the content of any such third parties’ sites. Accordingly, Launch Pad makes no representation about and has no responsibility in relation to any material or information you obtain from any such pages or third parties’ sites. Please ensure you check the terms and conditions of those sites before you access them.

 

13. Transfer of rights and obligations

13.1 This agreement is binding on you and us and on our respective successors and assignees.

13.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.

13.3 Launch Pad may assign, charge, novate or otherwise dispose of this agreement without our prior written consent.

 

14. General terms

Entire Agreement

14.1 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

Survival

14.2 The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this agreement.

Severability

14.3 Should one or more provision of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Third Party Rights

14.4 These Terms of Use are not intended to give rights to anyone except you and Launch Pad. No one other than Launch Pad or you shall have any right to enforce any of its terms. This does not affect our right to transfer our rights or obligations to a third party as described in the Transfer of Rights and Obligations section.

Waiver

14.5 You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

Law and Jurisdiction

14.6 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.7 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.

 

15. Contact us

To contact us, please email hello@popuplaunchpad.com. Alternatively, please write to:

Matt Weatherall

51 High Street

Otford

Kent TN14 5PL

United Kingdom