Outdoor Studios Kent and the South East - Terms & Conditions

Terms & Conditions

LICENSE AGREEMENT

These are the terms and conditions subject to which we license any of our Products to you. By using any Product, you agree to be bound by them.

We are Outdoor Studios CIC, a company registered in the UK, number 09763615. Our address is c/o Kreston Reeves, 37 St. Margaret’s Street, Canterbury, Kent, England, CT1 2TU.

You are: Anyone who buys a Digital Resource from us.

It is now agreed as follows:

 

  1. Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

“Copy or Publish” with reference to the Product, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other created work.
”Product” means educational digital download resources offered for sale through the Outdoor Studios Website.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including the Products, intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights and all rights which are derived from those rights.
“Licence” means a licence granted by us to you in the terms of this agreement for use of the Product.
“Our Website” means any website of ours, and includes all web pages controlled by us.
“Third Party Owner” means an owner of the Product which is not owned by us.

2. In this agreement the following terms apply unless the context otherwise requires:

Interpretation

  1. The Licence
    • You confirm that you have authority to enter into this agreement.
    • In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
    • Subject to the terms of this agreement, we grant you the Licence to use the Product.
    • No express or implied licence of the Product or any other material is granted to you other than the express Licence granted in this agreement.
  1. Limitations and permissions on Licences
    • You must not sub-licence a Product.
    • You must not Copy or Publish a Product except as specifically allowed in this agreement.
    • You may not allow any other person to use a Product except in the situation or context for which you have bought it.
    • You may not represent or give the impression that you are the owner or originator of any Product.
    • You may not remove any identification or reference number or other information which may be embedded in any file of a Product.
    • You may not use a Product:
      • except for the use specified at the time of purchase;
      • in a context which is pornographic;
      • containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
      • in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;
      • for a secondary use, for example on social networks.
  1. The price
    • The prices payable for the Products are clearly set out on Our Website.
    • Prices are inclusive of any applicable value added tax or other sales tax.
  2. Freedom to use

Despite the above limitations, you may copy a Product:

  1. Third Party Owners and additional restrictions

The Products offered for Licence on Our Website are owned by Third Party Owners and not by us. The following additional provisions apply:

  1. Cancellation and refunds

This paragraph applies if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

  1. Liability for subsequent defects
    • Please check the Product received from us immediately you download it.
    • If you find an error or defect in the Product, you must tell us by emailinginfo@outdoorstudiosarts.com
    • The procedure to report an error or defect is as follows:
      • you must report to us as soon as any defect is discovered but not later than six months from receipt by you.
      • before you report to us, please carefully re read the documents to confirm that there is definitely a defect in the Product.
      • please tell us clearly what is the fault you complain of, when it first became apparent or arises, and other information to enable us to identify or reproduce it.
    • If we agree that the Product is faulty, then we shall:
      • fix the issue within 7 days and immediately send a new copy to you, or
      • refund the full cost you have paid.
  1. Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use online payment service provider Paypal, who will encrypt your card or bank account details in a secure environment.

  1. Disclaimers and limitation of liability
    • The law differs from one country to another. This paragraph applies to sales internationally.
    • All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    • We make no representation or warranty and accept no responsibility for:
      • the data security of the Product,
      • the availability or accessibility, without interruption, or without error;
      • malfunction in any hardware of yours;
      • malfunction in any Product provided by us unless you can prove that it was defective when you received it from us;
      • the provision or failure to provide any firewall;
    • We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
    • You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Product concerned.
  1. You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

  1. Copyright and other Intellectual Property
    • You agree that at all times you will:
      • not cause or permit anything which may damage or endanger our title to any Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as the Product;
      • notify us of any suspected infringement of the Intellectual Property.
  1. Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

  1. Miscellaneous matters
    • We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
    • Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at https://outdoorstudiosarts.com/wp-content/uploads/2020/08/Outdoor-Studios-Privacy-Policy.pdf
    • At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.