Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
WHAT’S IN THESE TERMS?
These terms form part of an agreement between you, the end user, and us, (Festival 2022 Limited, as defined below), which sets out the rules for using our website (the UNBOXED Website) and the conditions under which you may access any information, documentation, products, services, advertisements or other content (Material) available through the UNBOXED Website.
WHO WE ARE AND HOW TO CONTACT US
Festival 2022 Limited is registered in England and Wales (company number 12581221) at the registered office address of One Brindley Place, Brindley Place, Birmingham, England, B1 2JB (“Festival 2022 Ltd”/”we”/”us”).
Festival 2022 Ltd is a wholly owned subsidiary of the Birmingham Organising Committee for the 2022 Commonwealth Games Ltd, registered in England and Wales (company number 11120160) at the office address of One Brindley Place, Brindley Place, Birmingham, England, B1 2JB (the “OC”).
Festival 2022 Ltd and the OC together form a group (the “Company Group”/”Parties”) in which the OC is the sole member of Festival 2022 Ltd, and the Parties work together for the purpose of curating, managing and promoting a nationwide festival of creativity and innovation in 2022 (“UNBOXED”).
UNBOXED is delivered in partnership across the four nations of the United Kingdom, led by us, working with Visit Scotland and Creative Wales our (“Strategic Delivery Bodies”) and funded by UK Government with the Scottish Government, Welsh Government and Northern Ireland Executive (“Funders”).
BY USING OUR WEBSITE YOU ACCEPT THESE TERMS
We recommend that you print a copy of these terms for future reference.
You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, as a result of your breach of these terms and conditions or any use of the UNBOXED Website or any Material on it.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
WE MAY MAKE CHANGES TO THESE TERMS
We may amend these terms from time to time. Every time you wish to use the UNBOXED Website, please check these terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR WEBSITE
We may update and change the UNBOXED Website from time to time.
WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
The UNBOXED Website is made available free of charge.
We do not guarantee that the UNBOXED Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the UNBOXED Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
HOW YOU MAY USE OUR WEBSITE
Except to the extent otherwise specifically indicated on the UNBOXED Website, you undertake and warrant to us:
(1) Not to use the Material for any unlawful purpose;
(2) Not to make any use of the UNBOXED Website so that the UNBOXED Website is interrupted, damaged or rendered less efficient, or the functionality of the UNBOXED Website is in any way impaired;
(3) Not to copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit or in any other way exploit any part of the UNBOXED Website;
(4) Not to use other UNBOXED Website for the transmission or posting of any computer viruses or any Material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person;
(5) Not to use the UNBOXED Website in a manner which, in our sole opinion, amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy);
(6) Not to use the UNBOXED Website to transmit any Material for the purposes of publicity, promotion and/or advertising on behalf of yourself or anyone else; and
(7) Should you have any right, claim or action against any other person arising out of the use of the UNBOXED Website, to pursue such right, claim or action independently of, and without recourse to, us.
HOW YOU MAY USE MATERIAL ON OUR WEBSITE
We are the owner or the licensee of all intellectual property rights in the UNBOXED Website, and in the Material published on it, including but not limited to all text, layout, graphics, images, photographs, video and audio content, illustrations and other artwork. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the UNBOXED Website for your personal use and you may draw the attention of others within your organisation to content posted on the UNBOXED Website.
You must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, images, photographs, video or audio content or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the UNBOXED Website must always be acknowledged.
You must not use any part of the content on the UNBOXED Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you want to obtain a licence, please contact: firstname.lastname@example.org
DO NOT RELY ON INFORMATION ON OUR WEBSITE
The content on the UNBOXED Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the UNBOXED Website.
Although we make reasonable efforts to update the information on our UNBOXED Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the UNBOXED Website is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the UNBOXED Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. Once you have used these links to leave the UNBOXED Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the collection, protection and privacy of your personal information whilst you are visiting such sites, and such sites are not governed by our privacy notice. You should exercise caution and look at the privacy notice applicable to the website in question.
Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, Materials or services provided to you by any of these organisations.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
To the extent permitted by law, we hereby expressly refuse any liability for any loss or damage, howsoever arising, out of or in connection with your use of the UNBOXED Website or any Material on it. This includes, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from inability to use, loss arising from any errors or omissions in the UNBOXED Website, in any Material on the Festival Website, or in any third-party website you may enter via the UNBOXED Website, which occur as a result of breach of contract, negligence, delict or other tort. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
HOW WE MAY USE YOUR PERSONAL INFORMATION
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the UNBOXED Website will be secure or free from bugs or viruses.
Any Material which is downloadable is carefully checked for viruses before being uploaded on to our UNBOXED Website. However, we recommend that as an extra precaution you run your own virus check on any Material you download.
You are responsible for configuring your information technology, computer programmes and platform to access the UNBOXED Website. You should use your own virus protection software.
You must not misuse the UNBOXED Website by knowingly introducing viruses, trojans, worms, logic bombs or other Material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the UNBOXED Website, the server on which the UNBOXED Website is stored or any server, computer or database connected to the UNBOXED Website. You must not attack the UNBOXED Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit 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, your right to use the UNBOXED Website will cease immediately.
RULES ABOUT LINKING TO OUR UNBOXED WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the UNBOXED Website in or from any website that is not owned by you.
The UNBOXED Website must not be framed on any other website, nor may you create a link to any part of the UNBOXED Website other than the home page.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term or condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the terms and conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
Terms and conditions last updated: October 2021