Terms and 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, as defined below), which sets out the rules for using our website (the Festival Website) and the conditions under which you may access any information, documentation, products, services, advertisements or other content (Material) available through the Festival Website.

WHO WE ARE AND HOW TO CONTACT US

www.festival2022.ukis a Website operated by Festival 2022 Limited (”We” “Us” and “Festival 2022”). We are registered in England and Wales under company number 12581221 and have our registered office at One Brindley Place, Brindley Place, Birmingham, England, B1 2JB.

To contact us, please email: team@festival2022.uk.

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS

By using the Festival Website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Festival Website.

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 Festival Website or any Material on it.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of the Festival Website:

Our Privacy Policy. See further under 'How we may use your personal information'.

Our Cookies Policy, which sets out information about the cookies on the Festival Website.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time. Every time you wish to use the Festival 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 Festival Website from time to time.

WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

The Festival Website is made available free of charge.

We do not guarantee that the Festival 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 Festival Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Festival Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

HOW YOU MAY USE OUR WEBSITE

Except to the extent otherwise specifically indicated on the Festival 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 Festival Website so that the Festival Website is interrupted, damaged or rendered less efficient, or the functionality of the Festival 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 Festival Website;
(4) Not to use otheur Festival 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 Festival 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 Festival 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 Festival 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 Festival Website, and in the Material published on it, including but not limited to, the ‘Festival UK*2022’ and “Festival 2022” trade marks, 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 Festival Website for your personal use and you may draw the attention of others within your organisation to content posted on the Festival 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 Festival Website must always be acknowledged.

You must not use any part of the content on the Festival 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: team@festival2022.uk.

If you print off, copy or download any part of the Festival Website in breach of these terms of use, your right to use the Festival Website will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

DO NOT RELY ON INFORMATION ON OUR WEBSITE

The content on the Festival 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 Festival Website.

Although we make reasonable efforts to update the information on our Festival Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Festival Website is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where the Festival 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 Festival 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 Festival 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 Festival Website, in any Material on the Festival Website, or in any third-party website you may enter via the Festival 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 will only use your personal information as set out in our privacy policy.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that the Festival 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 Festival 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 Festival Website. You should use your own virus protection software.

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

RULES ABOUT LINKING TO OUR FESTIVAL 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 Festival Website in or from any website that is not owned by you.

The Festival Website must not be framed on any other website, nor may you create a link to any part of the Festival Website other than the home page.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

Please note that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

SEVERABILITY

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.

OUR TRADE MARK[S]

The words “Festival 2022” and “Festival UK*2022” are trade marks of Birmingham Organising Committee for the 2022 Commonwealth Games Ltd which are used by Festival 2022 Ltd under licence. You are not permitted to use these trade marks without the prior written approval of Festival 2022, unless they are part of Material you are using as permitted under the section of these terms and conditions headed ‘How you may use Material on our Festival Website’.

Terms and conditions last updated: 1 September 2020