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 Huckletree Soho, Ingestre Court, Ingestre Pl, London, United Kingdom, W1F 0JL. Drum Roll is the owner and operator of the ‘Erase All Kittens’ website and its associated game (located at www.eraseallkittens.com the “Website”).

1.3. You can contact us by writing to us at [email protected] and Huckletree Soho, Ingestre Court, Ingestre Pl, London, United Kingdom, W1F 0JL.

2. ABOUT THE WEBSITE

2.1. Drum Roll provides digital content via the Website, which is 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 reserves the right, in its sole discretion and without notice to you, to revise the Services available on the Website and to change, suspend or discontinue any aspect of the Website 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 Website and the Services or restrict your access to part, or all, of the Website or the Services without notice or penalty. Your continued use of the Website and the Services will constitute your acceptance of any such changes.

3. USING OUR SERVICES AND SUBSCRIPTION TERMS

3.1. Before you can use our Services you need to open an account on the Website (“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.

3.4. We may refuse any Application for any reason, without providing the reason. You warrant that all information you provide to us about you or the Child must be true and accurate in all respects, and you may not use any aliases or other means to mask your true identity. You must safeguard at all times any access codes or passwords provided by you or us. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3.5. Some of the products or services we provide through the Website are online subscription services. To access these services, you will be required to pay a subscription fee (the “Subscrip-on Fee”). Details of our fees for individual use will be set out on the Website. If you would like details of our Subscription Fees for schools or organisations, please contact us directly at [email protected].

3.6. Once you have paid your Subscription Fee, Drum Roll will grant you a limited, non-transferable non-exclusive license to access and use these paid 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 Website and the Services then further licences must be subscribed for. For schools and organisations, the number of licences granted to you will be set out on your agreement with us.

3.7. You have the right to cancel your subscription at any time. If you choose to terminate your subscription, we do not give any refunds of the Subscription Fee, except where the ‘Consumer Rights Guarantee’ applies. Details of this money-back guarantee are set out below.

3.8. Where applicable, subscription charges are paid annually in advance. At the end of your subscription period, you will be notified and offered the opportunity to renew your subscription. If you do not renew, then your subscription will be automatically cancelled at the end of that term.

3.9. We may update our Subscription Fees from time to time. If any changes are made, these changes will not affect your current subscription period.

3.10. Your subscription is not transferrable. Your login details are personal to you. If we find that you have provided your login details to any third party, we reserve the right to terminate your subscription for breach of this agreement. In such a case you will not be entitled to any refund.

Your ‘Consumer Rights Guarantee’

3.11. If you order any products or services from our Website, as a consumer, you will be entitled to cancel such products or services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, provided that you notify us within 14 days of placing your order.

3.12. The above ability to cancel shall not apply if (a) you have already activated your account and accessed our paid-for Services, or (b) if a period of 14 days has elapsed from the date of placing the order.

3.13. Should you wish to cancel any products or services in accordance with the above policy, you should send an email to [email protected] requesting the cancellation and specifying the Services which you wish to cancel.

3.14. Other than in the specific circumstances set out above, we do not offer any refunds once a purchase or subscription has been made.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. We are the owner or the licensee of all intellectual property rights in our Website, the Services, and in the material published on it. Each of these works is protected by copyright laws, intellectual property rights 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 Website for your personal use and you may draw the attention of others within your organisation to content posted on our site. You may also copy or refer to minor extracts from the Website for the purpose of promoting use of the Website for example in social media.

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 Website must always be acknowledged.

4.5. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us.

4.6. If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Where appropriate, we reserve our right to bring legal proceedings against any violation of our terms and conditions.

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 Website is accurate, complete or up-to-date.

5.2. We may update our Website 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 Website, or any content on it, will be free from errors or omissions.

6. ACCEPTABLE USE POLICY

You must not use our Website or our Services:

• 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 Website 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 Website is stored; any software used in the provision of our Website; 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 services, 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 services 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 Website, 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 violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark 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; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Website, and may result in the immediate, suspension or withdrawal of your access to the Website and/or legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

7. VIRUS INFORMATION

7.1. We cannot guarantee that our Website 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 Website. Please use your own virus protection software.

7.2. You must not misuse our Website 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 Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our 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 our Website will cease immediately.

8. LIMITATION OF LIABILITY

8.1. Drum Roll is not responsible if you cannot access the Website 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 limitations on liability set out in these terms shall apply to the use of the Website and any Services which you may purchase or use through the Website.

8.4. 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.

8.5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website 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 Website or Services; or use of or reliance on any content displayed on our Website 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 Website for educational and private use. You agree not to use our Website 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 Website 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 WEBSITE

9.1. Whenever you make use of a feature that allows you to upload content to our Website, 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. 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 Website 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 Website 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 Website.

9.5. We have the right to remove any posting you make on our Website 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 Website 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.