TERMS AND CONDITIONS
These Terms are effective as of March 26, 2022.
The term Site is used in place of and when referring to https://community.summerhillfestival.com
2. Children Under 13
By using the Site, you confirm that you are above the age of 13 and are not barred from using the Site under applicable law. If you do not provide us with accurate information, then we may not be able to assist you with accessing your account. The Site is not directed to children under 13 and you may not use the Site or create an Account if you are under 13 years old.
3. Electronic Communication
Each and every time you either use the Site or send an email or other electronic communication to Summerhill Festival of Childhood, such communication will constitute an electronic communication (“Electronic Communication”). By using the Site, you consent to receive Electronic Communications and you agree that all agreements, notices, disclosures and other communications that Summerhill School provides to you via Electronic Communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
To use the Site, “Users” must set up an individual account (“Account”). To create an Account, you must be 18 years old. If you are under 18 years old, you may only create an Account with the permission of your parent or legal guardian. If you are under 13 years old, you may not create an Account and please do not provide us with any information. You may create an Account with a username and email address. Each Account, regardless of the type, includes a unique and complex password used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes, but is not limited to, restricting access to your computer, laptop, tablet, or mobile device that you use to access the Site and/or where such Password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to, or share your password with, any other person or entity. You acknowledge and agree that Summerhill Festival of Childhood is not responsible for third party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Summerhill Festival of Childhood also reserves all available legal rights and remedies to prevent the unauthorised use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.
You may delete your Account at any time by following instructions provided in the Site or by emailing firstname.lastname@example.org
5. Site Description
The Site provides Users with access to specific event news, User generated events, project content, project outlines, and project threads, and User forums.
6. Summerhill School Disclaimer
SUMMERHILL FESTIVAL OF CHILDHOOD IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER. The Site is a communication and information platform only. Summerhill Festival of Childhood is not a party to any agreement or communication between Users and Summerhill School makes no representation or warranty as to any User Generated Content, as defined herein, or any other information posted or distributed on the Site. Summerhill Festival of Childhood has no control over the conduct of, or any information provided by, any User and Summerhill Festival of Childhood hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
All information and content provided by Summerhill Festival of Childhood through the Site is for informational purposes only and Summerhill School does not guarantee the accuracy, completeness, or timeliness, or reliability of any such information or content. No content or information is intended to provide financial, legal, tax, or other professional advice. You acknowledge that you access content or information through the Site at your own risk and you are solely responsible for your User Generated Content or any other posts or communications you generate via the Site.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF SUMMERHILL FESTIVAL OF CHILDHOOD. SUMMERHILL FESTIVAL OF CHILDHOOD DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT SUMMERHILL FESTIVAL OF CHILDHOOD DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR USER BEHAVIOR OR ACTIVITY. SUMMERHILL SCHOOL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, OR CONNECTED TO, USER MATERIALS, OR ANY USER GENERATED CONTENT INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SITE, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
7. User Generated Content
Any materials, images, information, or other content that you post to or via the Site will be known as “User Generated Content.” To the extent that any User Generated Content appears on the Site, you hereby grant Summerhill Festival of Childhood to the furthest extent and for the maximum duration permitted by applicable law an unrestricted, worldwide, fully sub-licensable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works from, distribute, perform and display such User Generated Content in any form, format, or media, now known or hereafter devised, for the purpose of operating the Site, including any promotional or marketing Site used by Summerhill School, which may include transmission of the same to a third party website. Such license will be immediately revoked in the event you delete such User Generated Content from the Site, except to the extent that such User Generated Content has been shared with or by a third party. Other User or incorporated into any of Summerhill School’s promotional or marketing materials. Nothing contained herein may be construed as to grant Summerhill Festival of Childhood any ownership over, or liability for, your User Generated Content and nothing in these Terms will restrict any rights that you may have to use and exploit User Generated Content outside of the Site. You hereby represent and warrant that any User Generated Content that you post or otherwise upload via the Site is wholly original and/or you have the authorization to reproduce, adapt, modify, and/or display such Content.
8. Use of Communications Site
The Site contains bulletin board Site, comment areas, forums, communities, and/or other message or communication facilities (collectively, “Communication Site”) designed to enable you to communicate with other Users. You agree to use the Communication Site only to post, send and receive messages and material that are proper and related to the Communication Service. For the avoidance of doubt, any materials or information that you post to Communications Site will be considered User Generated Content.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or Site for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Site; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Summerhill Festival of Childhood has no obligation to monitor the Communication Site. However, Summerhill School reserves the right to review any and all materials, uploaded to a Communication Service and to remove any materials in its sole discretion. Summerhill School reserves the right to terminate your access to any or all the Communication Site at any time without notice for any reason whatsoever. Summerhill Festival of Childhood reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in Summerhill Festival of Childhood’s sole discretion.
YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. SUMMERHILL FESTIVAL OF CHILDHOOD DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, SUMMERHILL FESTIVAL OF CHILDHOOD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SITE AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE. MANAGERS AND HOSTS ARE NOT AUTHORIZED SUMMERHILL FESTIVAL OF CHILDHOOD SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF SUMMERHILL FESTIVAL OF CHILDHOOD.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
9. Prohibited Content
Summerhill Festival of Childhood reserves the right to remove any User Generated Content that does not comply with the Terms. Summerhill Festival of Childhood may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Summerhill Festival of Childhood may remove any prohibited User Generated Content, which includes, but is not limited to the following:
- User Generated Content that is pornographic, lewd, or otherwise sexually explicit in nature;
- User Generated Content that is defamatory or in violation of any person’s state or common law right of publicity or other privacy rights;
- User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorised purpose; or
- Any User Generated Content that otherwise violates these Terms.
10. Prohibited Conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, strictly in accordance with these Terms. As a condition of your use of the Site, you represent and warrant to Summerhill Festival of Childhood that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
- Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
- Harvest or collect the email addresses or other contact information of other users from the Site;
- Defame, harass, abuse, threaten or defraud users of the Site, or collect, or attempt to collect, personal information about users or third parties without their consent;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
- Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- Access any website, server, software application, or other computer resource owned, used and/or licensed by Summerhill Festival of Childhood including but not limited to the Site, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Summerhill Festival of Childhood may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Summerhill Festival of Childhood, including but not limited to the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to indicate in any manner that you have a relationship with Summerhill School or that Summerhill Festival of Childhood has endorsed you or any products or Site for any purpose; and
- Use the Site for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
11. Rights Summerhill Festival of Childhood Grants to You
Subject to your compliance with these Terms, Summerhill School grants you access to view any User Generated Content that belongs to Summerhill Festival of Childhood or its Users that have also agreed to these Terms. You agree that you will not use any User Generated Content except as expressly permitted in these Terms. Please follow the steps in accordance with the functionality of Site if you want to remove your Account.
12. User Representations and Warranties
As a User, you hereby represent that i) you are at least thirteen (13) years of age; and ii) you are not prohibited from receiving or using any aspect of the Site under applicable laws; and c) Summerhill Festival of Childhood has not previously disabled your account for a violation of the law or these Terms, even if these Terms have been amended. Disclaimers of Warranties.
As a User, you hereby warrant that you will comply with the applicable laws and regulations in your jurisdiction when you make any use whatsoever of the Site.
13. Links to Third Party Sites and Site
The Site may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Summerhill Festival of Childhood or any part of the Site and Summerhill Festival of Childhood is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Summerhill Festival of Childhood is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Summerhill Festival of Childhood of the website or any association with its operators.
14. Intellectual Property
All content included as part of the Site, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Site, including, without limitation, the text, graphics, code, and other materials contained therein (collectively “Protected Content”) is the property of Summerhill Festival of Childhood or its third party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Site. Your use of the Site does not entitle you to make any unauthorised use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of Summerhill Festival of Childhood and/or Protected Content’s third-party owner. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Summerhill Festival of Childhood, our licensors, or any third party.
15. Copyright Infringement Policy
Summerhill Festival of Childhood is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes on your copyright, you may submit a notification pursuant to the Copyright, Designs and Patents Act 1988.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Site are covered by a single notification, a representative list of such works that appear within the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Summerhill Festival of Childhood will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the CDPA. Upon receipt of notices complying with the CDPA, Summerhill Festival of Childhood will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
16. CDPA Counter Claims
Summerhill Festival of Childhood may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the CDPA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United Kingdom, for Suffolk judicial district in which Summerhill Festival of Childhood may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
17. International Users
The Site is controlled, operated and administered by Summerhill Festival of Childhood from our office within the United Kingdom. If you access the Site from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You hereby agree to release Summerhill Festival of Childhood from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party in connection with the Site. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Summerhill Festival of Childhood, its officers, directors, employees, agents and third parties, and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Site; and (v) any claim that you caused damage to a third party.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute must be resolved solely by final and binding arbitration pursuant to the Arbitration Act 1996, conducted by a single neutral arbitrator and administered by the London Court of International Arbitration’s (LCIA), in a location mutually agreed upon by the parties. If the parties cannot agree on a location, the arbitration will be conducted telephonically. The arbitrator’s award will be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party will be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
21. Termination and Access Restriction
Summerhill Festival of Childhood reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Summerhill Festival of Childhood as a result of these Terms or use of the Site.
Summerhill Festival of Childhood’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Summerhill Festival of Childhood’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Summerhill Festival of Childhood with respect to such use.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Summerhill Festival of Childhood.
You hereby consent to the jurisdiction of the United Kingdom and agree that its laws will be used to resolve all disputes arising from or concerning these Terms.
24. Privacy Terms
Questions and Feedback
If you have any questions or comments about these Terms or our Site, please contact us at: email@example.com
- “We”, “Us” and “Our” means Summerhill Festival of Childhood;
- “You” and “Your” means the user of the Website.