Terms & Conditions
1. ABOUT THESE TERMS
1.1. These terms and conditions govern use of our website and how we supply digital content to you.
1.2. We are DrumRoll HQ Limited (“Drum Roll”) a company registered in England and Wales. Our company registration number is 09195005 and our registered office is at 149 Fonthill Road, Finsbury Park, London, N4 3HF.
1.3. You can contact us by writing to us at [email protected] and 149 Fonthill Road, Finsbury Park, London, N4 3HF.
2. ABOUT THE SITE
2.1. Drum Roll provides digital content via eraseallkittens.com, an online platform for an interactive game aimed at teaching children aged 8 or over (the “Child”) how to code (the “Services”).
2.2. Drum Roll grants you a limited, non-transferable non-exclusive license to access and use the Site and the Services. For the avoidance of doubt, for individual subscribers, this licence is granted to one adult and one Child. If more than one Child wishes to use the site and the Services then further licences must be subscribed to. Subscriptions by schools or organisations will be agreed directly between Drum Roll and the school or organisation.
2.3. Drum Roll reserves the right, in its sole discretion and without notice to you, to revise the Services available on the Site and to change, suspend or discontinue any aspect of the Site or the Services and Drum Roll will not be liable to you or to any third party for doing so. Drum Roll may also impose rules for and limits on use of the Site and the Services or restrict your access to part, or all, of the Site or the Services without notice or penalty. Your continued use of the Site and the Services will constitute your acceptance of any such changes.
3. ABOUT THE SITE
3.1. Before you can use our Services you need to open an account on the site (“Account”), by completing an online application form (the “Application”).
3.2. By completing an Application you warrant and represent that:
You are the parent or legal guardian of the Child;
You are aged 18 or older;
You are legally capable of entering into a binding contract; and
You consent to the use of the site and the Services by the Child.
3.3 If you are signing up for the Services and creating an account on behalf of a Child, you represent and warrant that you are either:
A teacher or school administrator or otherwise authorised by a school to sign up on behalf of such student; or
The parent or legal guardian of such student.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
4.3. 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, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
4.5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5. WEBSITE CONTENT
5.1 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
5.2. We may update our site from time to time, and may change the content at any time and remove some or all of it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6. ACCEPTABLE USE POLICY
In any way that breaches any applicable local, national or international law or regulation;
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
For the purpose of harming or attempting to harm minors in any way;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website.
Not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation chat rooms, bulletin boards and interactive Games (“interactive services”).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not
Where we allow contributions to be made by you to the site, all such contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7. VIRUS INFORMATION
7.1. We cannot guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. Please use your own virus protection software.
7.2. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 our site will cease immediately.
8. LIMITATION OF LIABILITY
8.1. Drum Roll is not responsible if you cannot access the Site or the Services properly or at all because of your ISP connection, the Internet generally or because your browser software is inadequate or functioning badly, or if your ISP suspends or terminates their service to you, or because of any other event outside Drum Roll’s control.
8.2. Drum Roll may have to suspend the supply of the Services or amend the Services to:
Deal with technical problems or make minor technical changes; or
Update the Services to reflect changes in relevant laws and regulatory requirements.
8.3. The following limitations on liability shall apply to the use of the site and any Services which you may purchase or use through the site.
8.5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
8.6. 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 use of, or inability to use, our site or Services; or use of or reliance on any content displayed on our site or Services.
8.7. If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
8.8. If you are a consumer user, please note that we only provide our site for educational and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.9. 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 our site or to your downloading of any content on it, or on any website linked to it.
8.10. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. UPLOADING CONTENT TO OUR SITE
9.1. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
9.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.3. By submitting or posting any materials or content on the Site or the Services, you grant Drum Roll a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works on our websites and apps and in any other materials or medium, and sublicense such materials or any part of such materials. If you do not want to grant Drum Roll the rights set out in this paragraph, please do not submit your content to us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
9.5. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
9.6. The views expressed by other users on our site do not represent our views or values.
9.7. You are solely responsible for securing and backing up your content.
10. OTHER IMPORTANT TERMS
10.1. Drum Roll may transfer its rights and obligations under these terms to another organisation
10.2. This contract is between you and Drum Roll. No other person shall have any rights to enforce any of its terms.
10.3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.4. If Drum Roll does not insist immediately that you do anything you are required to do under these terms, or if Drum Roll delays in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Drum Roll from taking steps against you at a later date.
10.5. These terms are governed by English law and both parties agree to submit any dispute or legal proceedings in relation to the Services or these terms exclusively in the English courts.