bushgreen.org

What is bushgreen?
Bushgreen is a unique online community that connects Playwrights and other theatre practitioners and allows Playwrights to publish their plays online. It was conceived and built by the Bush Theatre. We’re still developing and perfecting the site so we’d love to hear your comments.

What is the Bush Theatre?
The Bush is a world-famous home for new plays and an internationally renowned champion of Playwrights. We discover, nurture and produce the best new Playwrights from the widest range of backgrounds, and present their work to the highest possible standards. We look for exciting new voices that tell contemporary stories with wit, style and passion and we champion work that is both provocative and entertaining. For more information, go to our website.

Why has the Bush made this site?
We at the Bush have made this website to help people in the theatre industry to connect to other likeminded practitioners. Our aim was to make it easier to find great plays both to read and produce and to give Playwrights more agency in the development of their careers.

Joining bushgreen

What does registering enable me to do?
Registering on bushgreen allows you to connect with other writers, directors, producers and theatres. You can publish plays online so other people can access your work and earn money when they’re downloaded. You can also share your work with your collaborators for free. You can submit plays directly to the Bush for our team to read and consider for production, find fresh new work and generate people for readings, scratch nights and full productions.

How do I register?
Simply return to the welcome page (by clicking on the bushgreen logo in the top left corner of this page) and click the Sign-Up! button. You will then be asked to give some basic information about yourself. Apart from your email and password, this information will be visible to all other users so make the most of it.

I am already published – can I still join?
Yes. You’re more than welcome to join bushgreen. If you’re self-published or hold the rights to your work, there shouldn’t be a problem with you uploading your own play. If in doubt, check with your publisher.

How long will my account last?
Your account will remain yours indefinitely. However, the Bush reserves the right to terminate your account at any time if we feel you are misusing it. If your account is inactive for 12 months we may also deactivate it.

If you wish to deactivate your account for any other reason then contact us and we will arrange this for you. Remember, you are able to delete your plays at any time.

I don’t live in the UK – can I still join?
Yes! Everyone is welcome to join. Whether from Austria or Zimbabwe, we’d love to have you on the site.

How old do I have to be?
Anyone aged 14 and over can use the site. However, if you are between 14 and 18, please make sure that your parents or guardian read the Licence and/or Download Terms on your behalf when you upload or purchase a play before you agree to them.

How many user accounts can I open?
You can only open one personal account on this site. This does not affect a theatre company or any other groups’ ability to have their own account and we welcome their membership. We reserve the right to close down duplicate accounts.

Who will be able to see my profile?
Everyone who is a member of bushgreen, so be sure to make the most of it.

Editing your profile

Can I update the information displayed on my profile?
Yes, all you need to do is click on Settings which can be found along the top navigation bar. From here, you can edit the information you originally provided about yourself, such as what you do and where you are based.

How do I upload a profile picture?
Click on Settings and then select Change Profile Picture. Then click on the Browse button to find the picture you want to upload. Once you have selected the file, press Upload. Voila! You can upload photos in JPG, GIF or PNG format- the maximum size is 15Mb. Square images work best.

Can I edit my name after sign-up?
If you wish to alter the name of your profile then contact us with details of your request and we’ll change it for you.

Can I change my password?
If you would like to change your password please contact us and we can do it for you. If you forget your password let us know and we can send you a reminder.

Uploading Your Play

Basics

How do I upload a play?
To upload a play from your computer, ensure the file is in either Pdf, Doc or Odt format. Then click on the Upload a Play tab found on the right hand side of any bushgreen page. When there, use the Browse button to find and select your play and press Upload. In the next pages you can add details about the play and preview how it will look when published.

What kind of plays do you accept?
We accept all kinds of play, so long as it’s new - the more variety the better.

I’ve got images / diagrams / illustrations - Is this a problem?
If you have images within your document they should upload fine.

What does it cost?
Uploading a play is completely free.

I’m already contracted to a publisher – can I still post my play?
Quite possibly – but you’ll need to check with your publisher first.

Process

What file-types can I upload?
You can upload any file in these formats:
•           Pdf
•           Doc
•           Odt

Which fonts should I use?
The site only supports the standard fonts Arial, Times New Roman and Trebuchet (standard fonts are the fonts that come as on a computer when you buy it). Other fonts are likely to cause formatting problems with your play.

Is the file-name important?
No. Once you upload your file you’ll be able to choose any name you like for your play. This can be edited at any time.

What’s this tagging business?
Tagging is a list of comma separated words allowing your play to be searched for more easily. This is your chance to highlight key elements of your play for other users. For example, if it’s a tragedy, or site-spec, you should place that information under tags.

Can I prevent others commenting on the play?
Yes. When uploading a play you must choose to activate comments. If you wish to remove the commenting option at any point, go to Your Plays and click Edit Play Info.

Can comments be deleted?
No. Not at present. This is something we will develop in the near future.

Can everyone see my play once I upload?
No. Only you can see your play after uploading it. To make it publicly available you must publish it to bushpress, which can be done in Your Plays. Publishing your play to bushpress does not mean it has been submitted to the Bush Theatre.

How do I upload a new draft?
From bushpress go to the Your Plays page. Select the title of the play you would like to change then select Upload New Draft. However the system needs your new draft to have a different title in order to recognise it as a new file to replace the old one. You do not need to change the title given to your play on bushpress .

If you have submitted your play to the Bush Theatre this may not change the draft read as the previous draft may already have been given to a member of our reading team. To do this please contact the Bush directly.

I’ve uploaded my play, but the writing doesn’t look right- what's happened?
The reason for this is likely to be that you have used an embedded font for the text of your play. As our viewer does not support embedded fonts, the formatting of letters or words in your play might appear sporadically distanced on your screen (some letters overlapping and others far apart), or some punctuation might be replaced by small, black, numbered dots.

For those who are unfamiliar with embedded fonts, it's when you are using a special font and choose to ‘embed’ it into the document so that it appears the same on computers which don’t have the font, instead of being replaced by a similar font which other computers do have.

To solve the problem, you need to return to the original file of your play and make sure you are using a non-embedded font. We would advise you upload your play in a basic, widely used font, such as Arial, Times New Roman and Trebuchet.

Submitting Your Play to the Bush

The Bush Theatre
Discovering and championing Playwrights is at the heart of the Bush.

We receive more than 1,000 plays each year and read every single one. Many writers started their careers by posting us a play, including Catherine Johnson, Samuel Adamson, Mark O’Rowe and Jack Thorne.

The Bush is run by ten people. Our literary team is Alice Lacey (Interim Literary Administrator), Nathan Curry (Associate Director), Charlotte Gwinner (Associate Director) and Josie Rourke (Artistic Director). BushFutures is our development arm which works with new Playwrights. It's overseen by Anthea Williams (Associate Director BushFutures). We're supported by a team of six professional directors who make up our creative associates panel - Ed Viney, Nessah Muthy, Richard Twyman, Alice Lacey, Joe Murphy and Kate Budgen. Alice is your first point of contact.

We direct all our energies towards producing the best Playwrights at the Bush and beyond.

Sending us a play through bushgreen
This site is built to save us time on admin so we can spend more time making theatre. So while you can still send us a play through the post we’d really like if you used bushpress on bushgreen.

Submission process
Here’s what happens to your play once you click submit …

We read every play we receive. If your play is not for us we’ll let you know as quickly as we can. We don’t think it’s fair to keep you hanging on if we’re not going to take your play forward. Usually this is within eight weeks though during busy periods this can take longer.

Some plays we’ll pass on to our panel of six creative associate directors. We meet with them once a month to discuss the plays and writers we’re particularly interested in. We think it’s important that your play is read by a professional director, so even if we decide not to produce it here, a director could become an advocate for you or your play elsewhere.

At that point we’ll be in touch to let you know if we’re going to take your play forward or not. We aim to always give you a decision within eight weeks. Since the launch of bushgreen, we have received a far greater number of submissions than anticipated. Consequently this process is currently taking longer than our prediction of 8 weeks. If you are waiting for our response, we would firstly like to apologise for this delay and secondly assure you that you will be contacted in due course regarding your submission.

At any of these stages we might suggest you publish your play on bushpress if you have not already done so in order to increase the opportunity of your play being produced elsewhere. Plays we are particuarly impressed by are advocated for by the theatre with a Bush Pick.

Responding to you and your play
We think that the best way to ‘develop’ a Playwright is by putting on their work. The Bush is a small theatre with a tiny and dedicated staff, so we can respond swiftly to programme a great play. We use our reading to find plays to produce and Playwrights to work with at the Bush.

To help us do this, we are going to be clearer in our response to your plays: either we will produce a play on our stage; advocate it elsewhere or let it go. Everything we do to ‘develop’ writers is about taking them towards a production on our stage or beyond.

If we’re not going to produce your play but we want to engage with your playwrighting, we’ll do our best to get you on our stage. Last year, we produced nineteen Playwrights at the Bush and we’re always looking to create more opportunities to present your work.

We don’t give notes on plays we’re not going to produce. If we develop a play it will be with the right director, giving good notes, in concrete movements towards a production.

Sending us your play
Currently you can send a play to us through bushgreen or by post.
For more information on the Bush Theatre, please visit the theatre’s website.

I have written a new draft of my play and would like to change the draft submitted to the Bush. Can I do this on bushgreen

Please contact us on admin@bushgreen.org to find out whether or not your play has already been considered by our literary team. If it is yet to be considered, we would encourage you to upload a new draft onto the site. Please do not upload this as a separate play, instead, we would appreciate it if you followed the instructions below to update your original draft.

You can upload a new draft of your play onto bushgreen by logging into your bushgreen account and clicking on ‘bushpress’, then selecting the ‘My Plays’ folder on the left hand column of the page. In here, select the chosen play and click on its title- you will then see a button under the title called ‘Upload a New Draft’. When you click on this you will be instructed to browse for the new version of your play and upload it to the site. You’ll also get the chance to edit the play details you originally provided in line with any amendments you have made to the play.

Once you upload a new draft in ‘Your Plays’ the system will automatically update your submission so it is the latest draft. This means that there’s no need to submit your play twice if you have amendments to make to it.

Bushpress

Who will be able to read my play?
Once published to bushpress, any user on bushgreen will be able to preview and download your play.

Will the Bush produce plays from bushpress?
We will not automatically read every play published on bushpress. If you wish the Bush Theatre to read and consider your play for production, you must submit your play to the Bush Theatre officially via the site. To do so, First Upload a Play then click Submit to Bush Theatre in Your Plays.

What rights do I give up by publishing a play on bushpress?
The work is still 100% yours, in that it is still your intellectual property. However, you are giving the Bush an exclusive licence to publish your play online, which means that you can’t make it available elsewhere on the internet without terminating your licence with us and taking the play off bushgreen.

What happens if I want to publish the play elsewhere online after it has been on bushgreen?
You cannot publish the play online while it is on bushgreen. If you want to do this, you need to terminate your licence with us and take your play off the site.
If you earn any income from publishing your play online after terminating your licence, or from any other form of digital exploitation of your play while it is still on bushgreen, the Bush is entitled to 10% of this money (after you have taken off VAT and any agent’s commission), which you should send us at the end of any calendar quarter, along with a breakdown of where this income comes from.
In addition, if you receive an offer from another publisher who wants to publish your play online or exploit it in any other digital medium, the Bush has the right to match this offer, and it is your obligation to inform us of this offer.

How do I encourage others to read my play?
Firstly, make sure you complete the upload process correctly and the play’s details are as good as possible. Remember to pick a good few tags that accurately represent the content of your work.
If you already have support from outside the bushgreen community, you might also encourage them to join the site and help support your play.

Can I remove a play from bushpress?
Yes, once in bushpress go to the Your Plays page. From here you can remove plays by selecting Unpublish; you can delete plays from the entire system by selecting delete. However this is not the way to take plays out of the submission process at the Bush Theatre as the play may already have been given to a member of our reading team. If you would like to remove your play from the Bush Theatre’s submission system please contact the theatre directly.

Reading, recommending and comments

Communication on the site
Please be friendly and professional when contacting other members or giving feedback on plays. Defamatory language is not allowed and inappropriate comments might result in the removal of accounts.

I want to find great plays – where do I start?
There are loads of ways to start surfing bushpress. You can search by Playwright, title, Playwright location, genre, tags (keywords) and according to the cast age, size and gender – just use the search box on the bushpress page.
You can also browse through the latest play downloaded, look at the most downloaded plays on the site or see what the Bush thinks is particularly interesting.

What are the green dots with Bush logos?
The Bush team mark plays they have read and believe deserve a production with a green dot. We call this a Bush pick. If you click on this it will lead through to a comment from a member of our staff.

What are the yellow stars?
Sometimes the Bush want to pick a play that has been developed or produced by another company we have a relationship with. In this case we ask people who aren’t on staff here to write the comments and tag the play with a yellow star.

What are the Top Plays?
Every member of bushgreen can recommend their top plays though the edit page on their profile. It is a way of getting to know what types of theatre other members are interested in and finding more work to read.

How come I can comment on some plays but not others?
If you can’t comment on a play it is because the Playwright didn’t ask for comments when they uploaded their work.

Do I have to comment on plays I’ve read?
Not at all – but some writers will request them, so please feel welcome to.

What comments should I be making?
Anything constructive will be appreciated.

Can I send private messages?
To ensure your inbox is not flooded with generic messages and advertising you can only send private messages to your collaborators. If you wish to contact a user who is not your collaborator then you can always write a public message on their wall.

How do I report inappropriate comments and offensive or copyrighted content?
If you find anything out of place on this site, please don’t hesitate to contact us with details of your complaint.

Downloading using the bushgreen viewer

What is the bushgreen viewer?
The bushgreen viewer is a programme which allows you to read the plays that you have purchased to download. From the viewer you can preview, read and print plays. You can also save encrypted files to your computer to read in the future.

Why do we have the bushgreen viewer?
We have put the viewer on the site to serve both the reader and the writer of the plays published to bushpress. For the reader, the viewer is an easy way to preview, read and print the plays before the decision to buy them is made. For the writer, the viewer makes it difficult for the files to be distributed digitally and allows us to put copyright information on the front page and footer of each play, further protecting their work from copyright infringement.

How do I preview a play?
When you’ve found the desired play press Preview, which appears beneath the play’s title. A new page will open with the play’s title in the top left corner and a large, animated ‘Java’ loading sign in the middle. After a few moments, an extract of the play should appear on your screen.

How do I download a play?
Find your desired play and press Download, which appears beneath the title of the play (and next to Preview). A new page will open and you will be asked to agree with the Downloading terms, which you may be read by clicking on the link provided. If you accept the terms, click on the Agree button. A new page will open with the play’s title in the top left corner and a large, animated ‘Java’ loading sign in the middle. After a few moments, the whole play will open in the viewer.

How do I use the viewer?
All functions for the viewer can be found on the toolbar in the main window itself, below the play’s title and above the play’s displayed page. If you wish to print a copy of the play, click the printer icon (far left on the navigation bar). To change the page that you are viewing, simply press the arrows either side of the displayed page number or simply type the desired page number in the white box.

How can I change the font size of the play?
The best way to increase the font size is to zoom in. You can do this by clicking on the scroll down menu which has a (-) and (+) sign either side of it, in the centre of the viewer toolbar. If you click on a higher percentage (200% for example) the font size on your screen will increase. If you choose a small percentage (such as 75%) the page will appear further away and the text size will shrink.

Can I read my downloads offline?
Yes. Above the Viewer itself you will see a link which says ‘Download the play viewer to your computer’. Your computer will alert you that you are downloading a Java Web Start file. Select ‘Open With’ and ‘Java(TM) Web Start Launcher (default)’. The bushpress viewer will load and open automatically. The application will automatically open a blank screen. To open any of the plays or previews you've stored, click on File > Open > File choose the Bushgreen_Downloads folder and click the name of a play to open it. You will also find a shortcut has been added to your desktop.

Please note that the Viewer on each computer will be attached to the bushgreen user account holder who downloads it first. The Viewer can only be downloaded once to a computer so only one bushgreen account holder can use the viewer per computer.

What can I do with my play once it’s been downloaded?
Once downloaded, in accordance with the download terms you may read the play only.

Do I have the rights to perform it if I want to?
No. All plays on bushgreen are the author’s property. If you are interested in staging the play in any form, from a full production to a reading, then you should contact the writer or their agent. This is the case regardless of the context: professional, amateur or educational. You also do not have the right to adapt or rewrite anything you download in any way.

Can more than one bushgreen user download the viewer on the same computer?
Only one bushgreen account holder can download the viewer to a computer.

How do I download the viewer onto the same computer as another user?
You can’t. In order to download the viewer for use with your bushgreen user account you will need to delete the viewer previously downloaded by another user and all the files.

Money

Is there are fee to use the site?
It costs nothing to create a profile or to upload your plays onto the bushpress.

How much does it cost to download a play?
It costs £2.70 to download a full length play and £1.47 to download a short play. The writer chooses whether their play is short or long when uploading so page lengths may vary accordingly.

What will happen to this money?
The charge will be divided evenly between the Playwright and bushgreen after VAT (15%) and PayPal charges (20p + 2%) have been deducted. The Bush Theatre is a registered charity and you can rest assured that this money will be used to keep the site going and to help us champion playwrights.

What can I do with it now?
To download a play you must accept our download terms, which gives permission for the play to be read silently. It may not be distributed, publicly read or performed in any context be it professional, amateur or educational.

How will bushgreen credit me for money I make on the site?
The payments accrue and you will be contacted quarterly, directly by PayPal, via the email address linked with your bushgreen account. At the time of signing up for bushgreen or any other time through using ‘Settings’ you can opt to have payment sent to your agent. When entering the email address of your agent for the quarterly notification from PayPal we suggest you enter the email address of your agent’s accounts department rather than your agents direct email address. You do not need to have an existing account with PayPal to receive these notifications. You or your agent will be given the option to open a PayPal account when you receive your first quarterly accounts summary from PayPal.

Why does bushgreen use Paypal?
PayPal is the most widely recognized and largest web payment method in the world. When you pay with PayPal your financial details are never shared with sellers or retailers, keeping your money safe. For more details, please visit the PayPal website.

What if someone wants to produce my play?

If you have an agent
Make sure you tell your agent so they can get involved to look after any contacts and make sure it all runs smoothly.

If you don’t have an agent
Use your common sense and don’t rush into anything.
Make sure you get to know the people who want to do your work. Ask for references and reviews, chat to other people they have worked with, meet up with them to discuss the production and their intentions.

Get involved
Great things happen when plays go into rehearsal and this is a process you will get a lot out of. Most Playwrights will want to be involved in casting and rehearsals.

Never sign away your rights
You have intellectual property rights over your work and should not give these away. It’s good to get any agreements in writing signed by both you and the people who intend to put on your play. To look at a standard professional UK contract take a look at the Independent Theatre Council’s (ITC) website.
However there are a lot of great theatre companies who are not funded and cannot always pay professional fees. If this is the case you might want to take a percentage of the box office proceeds of a production or ask for a small upfront fee.

Other important rights
•           You should be consulted regarding who directs and is cast in your play and be consulted over the design of the production.
•           You should have access to rehearsals.
•           While seats may be limited and budgets tight you shouldn’t have to pay to see your play so make sure you get comps to previews, press night and can check in throughout the run. Having said that you will probably only get a small number of comps for friends and family.
•           You should always be credited on all publicity material.

Ask other companies in your area for advice – you can always call us here at the Bush for some guidance.

What if I find a play I want to produce?

Remember that when purchasing a play text on bushgreen (just like when you buy a play in a bookshop) you do not have the rights to produce it. This is the case whether the production is professional, non for profit or in an educational context.

If the Playwright has an agent
Contact the writers’ agent to enquire if rights are available and to discuss the production you have in mind.

If the Playwright doesn’t have an agent
Contact the Playwright directly, you can contact writers though bushgreen.

Working with Playwrights
Most Playwrights will want to be involved in the production process and it is great to have a writer in the rehearsal room. When you contact a writer to see if you can produce their work it is a great chance to start a collaboration. Don’t be afraid to ask questions and discuss their vision of the piece – they’ll probably have questions for you too.

We hope it is the start of the beautiful thing.

Other places to go for help with productions

Independent Theatre Council (ITC)
Equity
Theatrical Management Association (TMA)
Society of London Theatre (SOLT)
The Writers’ Guild

Remember the theatres in your area are a great resource and will probably be very helpful if you give them a call for advice

You can always call us here at the Bush - we’ll do our best to answer your questions and we'd love to hear about your production of any of the works featured on this site, please contact us with the details.

Licences

User Terms

These User Terms govern the contents and use of the website www.bushgreen.org (or such other URL as we may nominate from time to time) (including, where relevant, the Members Pages (as defined below), any correspondence, content or materials submitted by you to or via the website), which is owned and operated by The Alternative Theatre Company Limited trading as the Bush Theatre (“we”, “us”) (the “Site”). The Site comprises of public facing sections which are accessible to all users of the Site and members-only sections which are only accessible to users who have registered as members of the Site (“Members’ Pages”). To access and use the Members’ Pages, you need to become a member by registering on the Site.

Please read these User Terms carefully before accepting these User Terms and using the Site. By clicking to accept these User Terms or visiting or using the Site and/or any content or materials available on the Site you signify that you have read, understand and agree to be bound by these User Terms. If you do not agree to the User Terms, do not use the Site and do not click to accept these User Terms.

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these User Terms at any time. Your continued use of the Site will be subject to the most current version of the User Terms posted on the Site at the time of such use. We recommend that you read through the User Terms available on the Site from time to time so that you can be sure that you are aware of and agree to the latest version.

1. Ownership

This Site is owned and operated by The Alternative Theatre Company Limited trading as Bush Theatre. If you would like to contact us or complain about anything contained on the Site, please contact us using the following details:

Postal Address:

The Bush Theatre

Shepherds Bush Green

W12 8QD

Email:

admin@bushgreen.org

2. Registering as a member

2.1 Access to the Members’ Pages and registration as a member of the Site is free of charge (although you may be charged if you choose to purchase items or enter into other transactions via the Site).

2.2 You must be at least 14 years old to register to use the Members' Pages and by registering you are confirming that you are at least 14 years old. Your access to the Members’ Pages may be terminated without warning if we have any reason to believe that you are under 14 years of age. By registering to use the Members’ Pages, you represent and warrant that (a) all registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information by letting us know if your details change.

2.3 As part of the registration process you will need to submit an email address/username and password, both of which you will be required to submit each time you log onto the Members’ Pages on the Site. It is your responsibility to keep your password safe and secret. We will be entitled to assume that any person logging into any part of the Site using your email address/username and password is either you or someone doing so with your permission. You will be responsible and liable for any actions of any person logging onto the Members’ Pages using your email address/username and password (including without limitation, posting and uploading information). Therefore, you should notify us immediately by contacting us on admin@bushgreen.org if you suspect that anyone else knows your email address/username and/or password and has logged on as you.

2.4 We may at any time and for any reason refuse to accept a registration from any person.

3. Access and use of the Site

3.1 You hereby agree to access and use the Site (including without limitation the Members’ Pages) in accordance with these User Terms.

3.2 You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you.

3.3 Without limiting the foregoing, you agree that when using the Site (including without limitation the Members’ Pages) you will not:

(a) use the Site for any commercial purposes and you shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;

(b) solicit other members or users of the Site to join or become members of any commercial online service or other organisation of whatever nature;

(c) intimidate or harass others or disclose personal information about others that could amount to harassment or intimidation;

(d) upload, post, publish, display, transmit, share or otherwise make available any files that contain software, content or material of any nature which contain Rights (as defined below) of any third party or which are protected by rights of privacy or publicity of any third party, without having received all necessary consents;

(e) upload, post, publish, display, transmit, share or otherwise make available any material that contains viruses, corrupted files, or any other computer code, files, software or programs that may interfere with, damage, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;

(f) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

(g) create multiple logins;

(h) use or attempt to use another’s account, service or system without their authorisation, or create a false identity on the Site or impersonate others;

(i) post content which promotes a product or service;

(j) promote any activity that is illegal; or

(k) use software to harvest information from the Site.

3.4 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.

3.5 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any charges, costs, liabilities or damages that may be incurred by any such person when using the Site.

4. User Generated Content

4.1 You are entitled if registered to use the Members’ Pages to create and contribute to a profile page, upload, post, publish, display, transmit, share or otherwise make available files, images, photos, videos, messages, notes, text, information, music, and other content, materials and works of authorship (collectively “User Generated Content”).

4.2 The uploading of plays to the Site is subject to additional terms and conditions set out in the Licence Terms [insert link].

4.3 Whilst we encourage you to contribute User Generated Content to the Site, you may only contribute User Generated Content in accordance with clause 4 and:

(a) you must not upload, post, publish, display, transmit, share or otherwise make available any User Generated Content that we deem to be harmful, threatening, unlawful, confidential, defamatory, offensive, infringing, inflammatory, harassing, obscene, indecent, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other users of the Site to any harm or liability of any type;

(b) you must not upload, post, publish, display, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation or bulk communication;

(c) you must not upload, post, publish, display, transmit, share or otherwise make available any private information of any third party, including, address, phone numbers, email addresses, national insurance details and payment details;

(d) you may only upload, post, publish, display, transmit, share or otherwise make available material to the Site which either you own or which you have the permission of the owner of that material to submit and you must not submit any content or material the Rights in which are owned by any third party; and

(e) you must not submit any material in breach of confidence or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation.

4.4 All information that you post to the Site may be seen by other users and members of the Site. Therefore, we advise you to be selective about what information you post or that you provide to other users or members. Please do not include the following information in your posting contributions: telephone numbers, addresses, surname, banking details and other personally identifying information.

4.5 You are responsible for your relationship with other members and other users of the Site. However, we reserve the right, but are not obliged, to track disputes between you and other members.

4.6 If other members have posted material which is inaccurate, inappropriate, offensive or does not comply with any of the provisions of these User Terms we shall have no responsibility or liability for such material. Please contact admin@bushgreen.org if you believe any material posted on the Site is defamatory, offensive, unlawful or inappropriate.

4.7 You acknowledge that we do not actively monitor the content of the Site. Notwithstanding that we may delete or remove from the Site immediately without notice any User Generated Content or any other content of whatever nature, for any or no reason, including without limitation, if we believe in our absolute discretion that such content: (i) infringes the Rights or other proprietary rights of any third person or is otherwise unlawful; and/or (ii) is offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate or which is posted in breach of these User Terms. Such removal will be without any admission as to liability and without prejudice to our other rights and remedies.

5. Property Rights and Rights of Use

5.1 For the purposes of these User Terms, “Rights” means patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), rights in performances, database rights and moral rights, rights subsisting in inventions, designs, drawings and computer programs (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.

5.2 We do not claim any ownership of any Rights in the User Generated Content that you submit to the Site. After posting any User Generated Content you retain all rights of ownership in it and you may use your User Generated Content in any way you choose (provided it does not breach any of these User Terms).

5.3 You warrant and undertake that you own the Rights in and to all User Generated Content that you submit to the Site or that you are otherwise entitled and have the owner’s express permission to submit such User Generated Content to this Site.

5.4 You hereby automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, sub-licensable worldwide licence to publicly perform, copy, reproduce, display, communicate to the public, modify, edit, manage, distribute and store any of your User Generated Content as part of the Site or as part of any materials used to promote, market or advertise the Site and any other required use anywhere in the world. You are free to use your User Generated Content outside of the Site in any way you choose and in turn we shall not distribute or sell any of your User Generated Content outside of the Site, other than in connection with the Site. The licence you grant to us is royalty free and we will not be under any obligation to pay you or any other third party appearing in the User Generated Content for using any of the User Generated Content on the Site.

5.5 You hereby unconditionally and irrevocably waive, in respect of your User Generated Content (and any updated or revisions to such), all rights to be identified as the author or director of such User Generated Content and all rights to object to derogatory treatment of your User Generated Content to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 (as amended from time to time) and under all similar legislation from time to time in force anywhere in the world.

5.6 All Rights in and to the Site and all content and materials contained in the Site, including without limitation any text, photographs, pictures, graphics, diagrams, video, audio, music, software, applications and their compilation and lay out (but excluding any User Generated Content (the “Site Content”) are owned by and shall remain owned by us or our licensors. You may view, download and print one copy of the Site Content subject to the following conditions:

(a) the Site and Site Content may only be used for your personal, non-commercial purposes;

(b) the Site Content shall not be reproduced or included in any other work or publication in any medium;

(c) the Site Content may not be modified, copied, altered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part;

(d) you may not remove any copyright or other proprietary notices contained in any Site Content.

5.7 Save as expressly permitted herein, any other use of the Site Content and any copying, reproduction, modification, distribution, sale or any other use of any Site Content for any purpose shall be an infringement of our Rights.

5.8 In the event that you download any Site Content from the Site, you own the medium on which the Site Content is recorded but we do not transfer title to such Site Content to you and we retain full and complete title to the Site Content at all times, and all Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Site Content to eye-readable form.

5.9 For the avoidance of doubt, these User Terms are not intended to prevent you recording in manual form any individual item of information, or disclosing any individual item of information, free of charge, to friends or relations for non-commercial purposes provided that you take all reasonable steps to ensure that any person to whom you may disclose that information complies with these User Terms.

5.10 Please contact admin@bushgreen.org if you believe that content displayed on the Site has violated your Rights.

6. Disclaimers

6.1 We are not responsible or liable in any manner for any User Generated Content or any other third party content on the Site and we do not control and are not responsible for what members or any other users upload, post, publish, display, transmit, share or otherwise make available on the Site nor for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that any user may encounter on or in connection with any User Generated Content or any other third party content on the Site.

6.2 While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency or reliability of the Site or the Site Content. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the Site, the Site Content, or to any services, products, prices or fees described in it, at any time without notice. The Site and/or Site Content may be out of date, and we make no commitment to update such material.

6.3 We will exercise all reasonable skill and care in providing the Site and the Site Content. Some Site Content is provided by third parties and we are not able to guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.

6.4 Therefore, except as expressly provided in these User Terms, the Site and all Site Content provided through it are provided on an "as is" basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor that your use of the Site or the Site Content will not infringe the rights of any third party nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. Therefore, we advise you to check any Site Content as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

6.5 We do not warrant that the Site, the Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

6.6 Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties.

7. Links to and from other websites

7.1 This Site may contain links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any such site which you may access through this Site or any services or products that they may provide. Without limiting the foregoing, these sites are not in any way approved, checked, edited, vetted or endorsed by us and you agree that we shall not be responsible or liable in any way for the content, advertising, products or services available from such sites, their suitability, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality or functionality of any products or services available on such sites or for any transactions, dealings or arrangements that you may have, or the consequences of such transactions, dealings or arrangements with such third party site operators.

7.2 If you choose to access a site beyond our control, you do so at your own risk. You agree that any use of any such third party site may be subject to your acceptance of additional terms and conditions of a third party. You agree that any transactions, dealings or arrangements that you have with such third party site operator (including without limitation buying any products or services) shall be direct with such third party on the terms and conditions (if any) of the third party and not with us. You hereby agree that we are not liable in any way in relation to such transactions, dealings or arrangements and you hereby waive any claim you might have against us with respect to such sites. Any arrangements made between you and any such third parties are at your sole risk and responsibility.

7.3 From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any transactions, dealings or arrangements which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our users please let us know.

8. Additional Terms

From time to time we may supplement these User Terms with additional terms relevant to specific content, features or events. These additional terms may be placed on the Site to be viewed in connection with the specific content, features or events and shall be identified as such. You understand and agree that any such additional terms are hereby incorporated into these User Terms.

9. Site Access

9.1 While we endeavour to ensure that the Site is normally available 24 hours a day, we shall not be liable if for any reason the Site is unavailable at any time or for any period.

9.2 Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

10. Termination

10.1 We may remove the Site (including without limitation the Members’ Pages) or cease the provision of any of the services available through the Site in our sole discretion for any reason at any time with or without notice.

10.2 We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

10.3 You shall be entitled to terminate your membership of the Members’ Pages at any time by written notice to us. Termination of your membership, howsoever caused, shall not affect the accrued rights and liabilities of either you or us as at the time of such termination.

10.4 Upon termination of your access to the Site for any reason, you must destroy all Site Content obtained from this Site and any and all copies thereof, whether made under these User Terms or otherwise.

11. Limitation of Liability

11.1 Nothing in these User Terms shall exclude or limit our liability for:

(a) death or personal injury caused by our negligence; or

(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or

11.2 You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.

11.3 Subject to clause 11.1, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of the Site (including without limitation the Members’ Pages) or the Site Content; (ii) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; or (iii) any use of or reliance upon the Site, Site Content or any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

11.4 Without limiting the effect of clause 11.3, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.

11.5 Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnity

You agree to indemnify, keep indemnified, defend and hold us and our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with any User Generated Content that you post or share on or through the Site, your use of the Site, the Site Content or any other services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party made via the Site or any violation of these User Terms or of any law or the rights of any third party.

13. Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. Click here to view our Privacy Policy [insert link]. This policy forms an essential part of these User Terms and it is important that you read it. By accepting these User Terms you also accept and consent to our Privacy Policy.

14. General

14.1 Any failure or delay by us to enforce any of our rights under these User Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

14.2 Save in respect of clause 12, these User Terms are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these User Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

14.3 If any clause or part of a clause of these User Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these User Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these User Terms.

14.4 The warranties, exclusions and the other express provisions of these User Terms and the Privacy Policy set out the full extent of our obligations and liabilities concerning the subject matter and supersede any previous agreements between the parties relating thereto. Subject to clause 11.1(b) you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these User Terms other than any remedy you may have for breach of the express terms of these User Terms.

14.5 We may at any time assign, transfer, charge or deal with these User Terms or any of our rights or obligations under them, or sub-contract any or all of our obligations under them.

14.6 These User Terms and your rights and obligation under them are personal to you and you shall not at any time be entitled to assign, transfer or sub-contract these User Terms or any of our rights or obligations under them.

14.7 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Bush Theatre Privacy Policy
Bush Theatre is committed to safeguarding the privacy of all visitors to www.bushgreen.com (the “Site”). This Privacy Policy (together with our User Terms and any other documents referred to on the Site) sets out the basis on which we will process any personal data we collect from you or that you provide to us. Please read the following Privacy Policy to understand how we use and protect the information that you provide to us.

1. Contacting Bush Theatre
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The Alternative Theatre Company Limited trading as Bush Theatre, which is a company incorporated in England and Wales. If you want to know what information we hold about you or if you have any other queries in relation to this Privacy Policy, our contact details are as follows:
Postal Address: The Bush Theatre, Shepherds Bush Green, W12 8QD
Email: admin@bushgreen.org

2. Information That We Collect From You

2.1 The Site has some initial sections which are accessible to all users of the Site. The Site also has members-only sections which are only accessible to users who have registered as members of the Site (“Members’ Pages”). To access and use the Members’ Pages (where available), you need to become a member by registering on the Site.

2.2 If you decide to register to use the Members’ Pages (where available), you will be asked to provide certain information about yourself including your name and contact details, and we will collect and keep this information. By registering to use the Members’ Pages, you consent to the collection, use and transfer of such information in accordance with the terms of this Privacy Policy.

2.3 We may collect information that you in the course of subscribing to our website services, emails notifications and/or newsletters.

2.4 We may collect information that you provide to us by filling in other forms on the Site, including information provided at the time of subscribing for a particular service, posting material or requesting further services. We may also ask you for information when you report a problem with the Site.

2.5 We may collect generic information about your visits to and use of the Site such as your IP addresses, geographical location, browser type, referral source, length of visit and number of page views. Individual users will not be identifiable from this information and we may use this information for a number of purposes including, without limitation, optimising the use of the Site, disclosing to third party contributors or for security purposes. In particular, we may use an analytics service provider for website traffic analysis and reporting and to track information such as which browser, screen resolution and IP address you are using to access our website, in addition to tracking your movements around our website.

2.6 We may also collect information about how you use the Site, as well as information about you, from e-mails or letters that you send to us. For example, if you contact us, we may keep a record of that correspondence. We will only use any such information in accordance with the terms of this Privacy Policy.

2.7 Any materials or information that you post to the Site may be visible to other users of the Site and are stored on our servers for the purposes of making the Site and content available. We do not collect, store or use any personal information contained in any such post for any other purpose. We advise you to be selective about what information you post on the Site or that you provide to other users.

2.8 We may receive some information that you submit to any third party website that you access from a link contained in the Site. Both us and the owner or operator of that third party site will be the data controller in respect of any such information and you should check the privacy policy of that website to find out how they will use your data. We will only use that information in accordance with this Privacy Policy.

3. Sensitive Personal Data
If you decide to register to use the Members’ Pages (where available) we may also request that you provide us with information about: (a) your racial and/or ethnic origin solely for the purposes of demographic analysis and monitoring; and (b) your trade union society and/or association membership(s) for the purposes of: (i) marketing such trade union societies and associations to you, where you have consented to be contacted by us and/or such trade union societies and associations directly and; (ii) for determining whether you are eligible for discounted rates and/or other benefits associated with such membership(s). By registering to use the Members’ Pages, you consent to the collection, use and transfer of such information in accordance with the terms of this Privacy Policy.

4. Use Of Your Information

4.1    We will only use your information for the following purposes:
(a)    to ensure that content from the Site is presented in the most effective manner for you and for your computer;
(b)    to provide you with marketing communications by post, email, SMS/MMS and/or phone about our products, services and events that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
(c)    to provide you with marketing communications by post, email, SMS/MMS and/or phone about products, services and events of Site members and/or other third parties that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
(d)    to allow you to participate in interactive features of our service, when you choose to do so;
(e)    to provide customer service in relation to your use of the Site, to deal with enquiries and complaints relating to the use of the Site and to notify you about changes to our service;
(f)    to administer your membership account (where applicable) and enable us to provide you with access to all parts of the Site and to enable you to download information and materials from the Site;
(g)    where applicable, where you have submitted your information to the Members’ Pages, to display your username to other users;
(h)    where applicable, to display the information that you submitted on the Members’ Pages to other members and to enable other members of the Site to contact you;
(i)    to administer, support, improve and develop our Site;
(j)    to personalise the Site so as to improve your user browsing experience;
(k)    to send you general (non-marketing) commercial communications, such as information about the Site and services provided to you by us at that time;
(l)    to internally monitor users’ use of the Site to enable us to analyse audience make-up, track booking patterns, review audience attendance and review other Site behaviour in order to determine what other products, services and events you may be interested in and in order to assist us improve our business generally;
(m)    provide third parties with statistical information about our users but this information will not be able to be used to identify any individual user.

5. Disclosure Of Your Information

5.1 Other than as expressly set out in this Privacy Policy or as otherwise required or permitted by law, we will not share, sell or distribute any of the information you provide to us without your consent.

5.2 Where Members’ Pages are available, you should note that the public elements of the Members’ Pages will be visible by users of the Site anywhere in the world. You should therefore be careful when submitting information about yourself and only submit information that you are happy to be public information.

5.3 We may disclose your personal information to (i) members of the Site and/or other carefully selected third parties to contact you about products, services and events which may be of interest to you, where you have consented to be contacted by third parties for such purposes; (ii) any third party to whom disclosure is necessary to enable us to provide you with any service to which you have subscribed via the Site (including without limitation for the purposes of processing payments, designing, maintaining and administering the Site); (iii) the Arts Council and other trade-related organisations for the purposes of monitoring audiences and users to enable feedback to other funders; (iv) any person to whom disclosure is necessary to enable us to enforce our rights under this Privacy Policy or under the User Terms; and/or (v) any purchaser (or prospective purchaser) of the shares or business of The Alternative Theatre Company Limited, or any purchaser of the Site.

6. Cookies

6.1 The Site uses cookies to ensure that you get the most out of the Site. A cookie is a text file sent by a web server to a web browser, and stored by the browser. The text file is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

6.2 Therefore, we may send a cookie which may be stored by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of the Site, to improve the Site’s usability and for marketing purposes. We may also use that information to recognise your computer when you visit the Site, to monitor website traffic and to personalise the Site for you.

6.3 If you do not wish us to install cookies on your computer for these purposes, you may change the settings on your internet browser to reject cookies. For more information please consult the “Help” section of your browser. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of our Site.

6.4 As mentioned above, we may use an analytics service provider for website traffic analysis and reporting. Analytics service providers generate statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to the Site may be used to create reports about the use of the Site and the analytics service provider will store this information.

7. Third Party Sites And Contributors

7.1 The Site may contain links to websites and microsites that are operated by third parties. We do not control those websites and microsites and as such this Privacy Policy does not apply to those websites and microsites. Please consult the terms and conditions and privacy policy of those third party websites and microsites to find out how they collect and use your personal data and to establish whether and for what purpose they use cookies.

7.2 Advertisements contained on our Site may operate as links to that advertiser’s websites and as such any information they collect by virtue of you clicking on that link will be collected and used in accordance with the privacy policy of that advertiser.

8. Security And Data Retention

8.1 We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for the duration of your membership of the Site (where available) and for a reasonable period or as long as the law requires or permits.

8.2 We will store all the personal information you provide, including your login and user details (where applicable), on our secure servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology.

8.3 Data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.4 You are responsible for keeping any passwords, login details and user details confidential.

9. International Data Transfers

9.1 Our servers are situated in the UK, however we collect data from wherever users are situated. The information that we collect may therefore be transferred to the UK from any other country in which you may be located and will be subject to UK data protection laws rather than the laws of the country in which you are resident.

9.2 Your personal data may be transferred, processed and/or stored outside the European Economic Area. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

10. Your Rights

10.1 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us using the information provided above. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you and to require you to provide us with appropriate identification.

10.2 You may request us to cease sending you any marketing information at any time by notifying us in writing or following any “unsubscribe” instructions included in any marketing sent to you. You may request us to cease processing your data at any time but if you withdraw your consent to certain types of processing described above we may be unable to maintain your membership of the Site.

10.3 If you have received unwanted, unsolicited emails sent via this system or purporting to be sent via this system, please forward a copy of that email with your comments to admin@bushgreen for review.

11. Updating Information
Please let us know if the personal information which we hold about you needs to be corrected or updated at any time.

12. Changes To Our Privacy Policy
We reserve the right to make changes to the Privacy Policy from time to time. Any such changes to our Privacy Policy will be posted to the Site and, where appropriate, through e-mail notification.

Licence Terms

Please read these Licence Terms carefully before accepting these Licence Terms and uploading your play (the “Work”) to this website www.bushgreen.org (or such other URL as we may nominate from time to time) (the “Site”). By clicking to accept these Licence Terms you confirm that you have read, understand and agree to be bound by these Licence Terms and you permit us to use your Work in accordance with these Licence Terms. If you do not agree to these Licence Terms, do not click to accept these Licence Terms and do not upload your Work to the Site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Licence Terms at any time. If we do decide to make any such amendments to the Licence Terms we will provide you with fourteen days (14) prior written notice of such amendments together with the updated and amended version of the Licence Terms. The amended, updated version of the Licence Terms will automatically take effect upon expiry of the aforementioned notice period (or such later date as we may advise in the notice) unless you have elected to remove your Work from the Site in that period.

1. Grant of Rights

1.1 In consideration of us agreeing to make your Work available via the Site, you hereby grant to us the exclusive, transferable, sub-licensable, worldwide right and licence to reproduce, copy (including without limitation the right to use extracts of the Work for preview and marketing purposes), publish, store, host, edit (including without limitation the right to edit and produce abridgements of such Work for preview and marketing purposes) and to make available, communicate to the public, distribute, sell, display, transmit or otherwise deliver the Work online in digital form via the Internet on any website anywhere in the world (including, without limitation, via the Site) to enable end users (“Users”) to view, purchase and download the Work electronically in accordance with such download terms that we may have in place from time to time (the “Licence”). You hereby agree that during the term of this Licence you will not (or permit any third party to) reproduce, copy, publish, store, host, edit, make available, communicate to the public, distribute, sell, display, transmit or otherwise deliver the Work via any other website anywhere in the world.

1.2 The Licence shall commence and take effect upon you clicking to accept these Licence Terms. This Licence shall continue in force unless or until otherwise terminated in accordance with these Licence Terms.

1.3 You may remove your Work from the Site at any time by clicking on the option to remove your Work on the relevant section on the Site at which point the Work will automatically be removed from the Site. Upon you electing to remove the Work from the Site, we will be automatically notified of your election to remove the Work and upon receipt by us of such notification, the Licence will terminate. For the avoidance of doubt, termination of this Licence shall be without prejudice to each party’s other respective rights and remedies.

1.4 We are not obliged to make your Work available on the Site and can remove it or decline to make it available at any time in our sole discretion.

2. The Work

2.1 You are permitted to upload the Work to the Site subject to and in accordance with these Licence Terms.

2.2    You hereby specifically warrant and represent that you have the full right, power and authority to enter into and agree to these Licence Terms and to grant the rights that you purport to grant herein, that you are the sole owner or exclusive licensee of any and all rights in the Work uploaded to and made available on the Site and that the Work (and all parts thereof) shall:
(a)    be wholly original to you;
(b)    not infringe the Intellectual Property Rights or any other rights of any third party;
(c)    not be offensive, insulting, defamatory, obscene, indecent, objectionable, religiously or racially prejudicial, incite hatred or otherwise be inappropriate or be in breach of these Licence Terms or be in breach of any other law;
(d)    not contain any material that is in breach of confidence, rights of privacy or in contravention of the Data Protection Act 1998 or any other applicable data protection or privacy legislation or is in breach of the Official Secrets Act or similar legislation;
(e)    not contain any recipe, formula or instruction that, if followed accurately, will cause injury, illness or damage to any third party;
(f)    not contain any viruses, worms, Trojan horses, bugs or any other computer code designed to (i) disrupt, disable, harm, or otherwise impede in any manner the operation of a computer program or computer system or (ii) damage or destroy any data files residing on a computer system without the user’s consent; and
(g)    not, in our sole judgment, restrict or inhibit any other person from using or enjoying the Site, or expose us or other members or other users of the Site to any harm or liability of any kind.

2.3 You agree to indemnify, defend and hold harmless us, our affiliates, and any respective officers, directors, employees, agents, licensors, representatives, Users and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Licence Terms. We reserve the right to assume, at our sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences.

2.4 You acknowledge that we do not actively monitor the content of the Site. However, in the event that we suspect, believe or are notified that any part of the Work uploaded by you to the Site in any way infringes the rights of any third party, or is otherwise in breach of these Licence Terms, we may, in our sole discretion, elect not to make such Work available to Users of the Site unless and until we are reasonably satisfied that such Work does not in fact infringe any such third party rights or is not in breach of your other obligations hereunder. Whilst carrying out such investigation we may remove the Work from the Site pending completion of any investigation to our reasonable satisfaction. Upon our request, you agree to cooperate with us fully and to the best of your ability in any such investigation that we may carry out.

3. Eligibility

3.1 The uploading of your Work to the Site is available only to users that can form legally binding contracts under English law. To upload your Work you must be either (i) aged eighteen (18) years or older; or (ii) between the age of fourteen (14) and eighteen (18) and have your parent’s prior express permission to upload your Work. We reserve the right to seek confirmation of age and/or proof of parental consent at any time and you agree to provide such proof of identity, age and/or parental consent as we consider reasonably necessary from time to time.

3.2 By uploading your Work to the Site, you warrant that you are at least eighteen (18) years old or you are between the age of fourteen (14) and eighteen (18) years old and have obtained your parent’s prior express permission to upload your Work.

4. Payment and accounting

4.1 For the avoidance of doubt, the provisions of this clause 4 shall not apply to any testing period of the Site carried out prior to the launch of the Site but such provisions (or substantially similar provisions) shall automatically come into full force and effect upon the official launch of the Site.

4.2 In consideration of you granting us this Licence, you shall be entitled to receive from us, no later than 45 days following the end of each calendar quarter, a revenue share of 50% of Net Revenue from the preceding calendar quarter. For the purposes of these Licence Terms, “Net Revenue” shall mean gross revenue actually received by us from Users in respect of sales of the Work from the Site to Users less VAT and any other sales taxes, duties, commission and/or any other deductions that may be required by law or otherwise.

4.3 All amounts due and payable to you hereunder shall be paid to you (or your authorised representative as you may notify to us at the time of entering into these Licence Terms) in such manner as we may determine from time to time.

4.4 For the avoidance of doubt, you hereby acknowledge that no amounts due or payable to you hereunder shall be held by us on trust.

4.5 Notwithstanding termination or expiry of these Licence Terms, we shall be entitled to receive from you, no later than 45 days following the end of each calendar quarter a revenue share of 10% of Your Net Revenue from the preceding calendar quarter. For the purposes of these Licence Terms, “Your Net Revenue” shall mean gross revenue received by you (or on your behalf by any third party) arising out of or in connection with any digital exploitation of the Work (but, for the avoidance of doubt, not including any monies due or payable to you pursuant to clause 4.2), less VAT and agency fees up to 10% of such gross income.

4.6 You hereby agree that you shall keep accurate books of accounts and records for the purposes of calculating Your Net Revenue and we hereby agree to do the same in respect of our Net Revenue and each party agrees that such records shall be kept in the case of us at our usual place of business and in the case of you, at your usual place of residence.

4.7 Each party may (at their own expense) inspect and copy the accounts of the other party during normal business hours, or may authorise others to do so, insofar as they relate to the respective net revenue. If any such audit finds errors to the auditing party’s disadvantage (in addition to rectifying the error) and if the unpaid amount is in excess of £1,500 and in excess of 5% of the total amount overdue to the auditing party in respect of the audited period, the audited party shall bear the reasonable cost of such audit. Each party agrees to give reasonable written notice of any intention to carry out such an inspection, and to limit inspections to one in any one accounting period.

5. Intellectual Property Rights

5.1 All Intellectual Property Rights in and to the Work shall remain owned by you.

5.2 For the purposes of these Licence Terms, “Intellectual Property Rights” means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trade marks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.

5.3 You hereby unconditionally and irrevocably waive, in respect of your Work (and any updated or revisions to such), the benefit of all moral rights or such other similar rights to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 (as amended from time to time) and under all similar legislation from time to time in force anywhere in the world.

5.4 Should the Work contain any third party materials, you warrant and represent that prior to uploading the Work you will have obtained (at your own cost) all relevant and necessary permissions and clearances to reproduce such third party materials in the Work in all territories and in all forms which are subject to the Licence.

6. Suspension or Termination

6.1    Without prejudice to our other rights and remedies, we reserve the right at any time, for any reason whatsoever and in our sole discretion:
(a)    to terminate the Licence and remove your Work from the Site with immediate effect by written notice if you upload and make available any Work which infringes the rights of any third party or if you are otherwise in breach of these Licence Terms; or
(b)    to limit or suspend your access to the Site in the event that we suspect or are notified that you have uploaded and made available any Work which infringes the rights of any third party or you are otherwise in breach of these Licence Terms.

6.2 In the event of suspension or termination by us pursuant to 6.1 above we shall be entitled to suspend any and all reporting and accounting obligations hereunder pending resolution of any claim of infringement or suspected breach by you.

7. Option

7.1 In the event that: (i) subsequent to entering into this Licence you propose to publish, sell or otherwise exploit any other digital rights in relation to the Work (in whole or in part, anywhere in the world) which are not rights already granted to us pursuant to the Licence in clause 1.1; or (ii) after termination of the Licence you propose to publish, sell or otherwise exploit any online publishing rights in or to the Work (“Other Rights”), you hereby agree that we shall have the right of first refusal to acquire such Other Rights and that you shall not grant any third party any Other Rights without first offering us the opportunity to acquire such Other Rights. If we reject the offer or following 30 days good faith negotiations with you no agreement is reached concerning the terms pursuant to which the Other Rights may be acquired by us, you shall be entitled to offer the Other Rights to any third party to publish, subject to clause 7.2 below.

7.2 You hereby agree that you shall not enter any agreement with a third party in relation to Other Rights without first notifying us of the third party offer. We shall have seven days from receipt of notice from you to give notice to match any offer from a third party in relation to Other Rights (the "Matching Right Procedure"). If after the expiry of such seven day period we fail to notify you of our intention to match such offer or if we notify you of our intention not to match such offer you shall be free to accept such offer from such third party provided that you shall not enter an agreement with any third party on terms more favourable to such third party than the terms of the offer notified to us without going through the Matching Right Procedure in respect of such new terms. If we notify you of our intention to match such third party offer before the expiry of such seven day period, we shall be entitled to acquire such Other Rights on the terms of the third party offer which we have matched and on such other terms as may be agreed between the parties acting reasonably and in good faith.

8. Disclaimers and Liability

8.1 We shall endeavour to ensure that the Site is available 100% of the time. Notwithstanding the foregoing we may, in our sole discretion, temporarily suspend operation of the Site for various reasons including without limitation for the purpose of repair, maintenance or improvement of any of our systems. We therefore make no representation that the Work will be available from the Site at all times or without interruption.

8.2 Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when uploading the Work. The uploading of any Work is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or any loss of data that results from such uploading.

8.3 We shall not take any full weekly or daily incremental back-ups of any content hosted by us and shall not be providing any disaster recovery facilities whatsoever. Accordingly you are solely responsible for keeping and maintaining back-up copies of your Work and we accept no liability in the event of our copy of the Work being lost, corrupted or otherwise damaged.

8.4    Nothing in these Licence Terms shall be construed as an attempt to limit or exclude our liability in respect of:
(a)    death or personal injury caused by our negligence;
(b)    any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c)    or any other liability which cannot be so limited or excluded at law.

8.5 Subject to clause 8.4, you agree that we shall not be liable for any loss of profit, loss of savings or loss or corruption of data (whether direct or indirect), any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind, in each case whether based in contract, tort (including without limitation negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (a) the uploading of the Work on the Site; (b) any unavailability of the Work on the Site irrespective of duration of any period of unavailability; and (c) any other use of the Work through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

9. General

9.1 Any failure or delay by us to enforce any of our rights under these Licence Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

9.2 Except as expressly provided in clause 2.3, these Licence Terms are not intended to be for the benefit of, and shall not be exercisable, by any person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.3 If any clause or part of a clause of these Licence Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Licence Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Licence Terms.

9.4 The warranties, exclusions and the other express provisions of these Licence Terms and the User Terms set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto.

9.5 This Licence and these Licence Terms are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Download Terms

These Download Terms set out the terms and conditions upon which you are permitted to purchase, access and download from this website www.bushgreen.org (or such other URL as we may nominate from time to time) (the “Site”) scripts of plays, literary works and any other materials which have been uploaded onto the Site by third parties (the “Content”).

Please read these terms carefully before accepting these Download Terms. By clicking to accept these Download Terms you confirm that you have read, understand and agree to be legally bound by these Download Terms. If you do not agree and click to accept these Download Terms, you will not be able to purchase, access, download or use, in whole or in part, any of the Content.

The User Terms [insert link] also govern your use of the Site and you agree that such terms are hereby incorporated into these Download Terms. In the event of any inconsistency between these Download Terms and the User Terms, the terms set out in these Download Terms shall prevail.

These Download Terms shall apply to all sales of Content by us and shall apply in place of, prevail over and supersede any other terms or conditions contained or referred to elsewhere (whether in correspondence or otherwise) or implied by trade, custom, practice or course of dealing unless specifically agreed to in writing by us or our authorised representative. Any purported provisions to the contrary are hereby excluded.

1. Ownership

1.1 This Site is owned and operated by The Alternative Theatre Company Limited trading as Bush Theatre (“we”, “us”, “our”).

1.2 We are registered in England and Wales under company number 01221968 and with our registered office at Hanover House, 14 Hanover Square, London, W1S 1HP. Our main trading address is The Bush Theatre, Shepherds Bush Green, W12 8QD. Our VAT number is 228 3163 73.

1.3 If you would like to contact us for any reason, please contact us using the following details:

Postal Address: The Bush Theatre, Shepherds Bush Green, W12 8QD

Email: admin@bushgreen.org

2. Eligibility

2.1 The purchase of Content from the Site is available only to users that can form legally binding contracts under English law. To purchase the Content you must be either (i) aged eighteen (18) years or older; or (ii) between the age of fourteen (14) and eighteen (18) and have your parent’s prior express permission to purchase the Content. We reserve the right to seek confirmation of age and/or proof of parental consent at any time and you agree to provide such proof of identity, age and/or parental consent as we consider reasonably necessary from time to time.

2.2 By placing an order through the Site, you warrant that you are at least eighteen (18) years old or you are between the age of fourteen (14) and eighteen (18) years old and have obtained your parent’s prior express permission to purchase the Content.

2.3 You undertake that all details you provide to us for the purpose of purchasing any Content will be correct, that the credit or debit card, or any electronic cash, which you use is your own or you are otherwise authorised to use it and that there are sufficient funds or credit facilities to cover the cost of the Content you wish to purchase.

3. Placing an order for Content

3.1 To place an order for Content you will need to follow the order procedure and payment procedure set out on the Site. Details of the price payable in respect of any Content are displayed on the Site.

3.2 All orders are subject to acceptance by us and we are entitled to refuse any order placed by you for any reason in our sole discretion. If for any reason we are unable to supply the Content requested in your order, we will endeavour to inform you as soon as possible.

4. Price and payment

4.1 For the avoidance of doubt, some of the provisions of this clause 4 may not apply to any testing period of the Site carried out prior to the launch of the Site but such provisions (or substantially similar provisions) shall automatically come into full force and effect upon the official launch of the Site.

4.2 Valid payment details must be submitted to us at the time of placing your order for the Content. We accept payment only from the credit and debit cards listed at the point of payment on the Site. The contract between us will only be formed when we charge your credit or debit card.

4.3 All prices are expressed as inclusive of VAT (where applicable) unless otherwise stated.

4.4 Except in cases of obvious error, the price of any Content will be as quoted on our Site.

4.5 Despite our best efforts, from time to time, the Content may be incorrectly priced on the Site. If the correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before accepting your order and providing you with the Confirmation or reject your order and notify you of such rejection so that you can then re-order at the correct price if you wish.

4.6 Please note that your internet service provider and/or telephone service provider may also charge you for time spent accessing the Site at their standard charges.

4.7 We and the third parties who make their Content available through the Site reserve the right to remove any such Content from the Site and to change the prices payable for such content at any time before we send you Confirmation of the order.

5. Cancellation and Refunds

5.1 You have a right to cancel your purchase after you place your order at any time, without penalty and without giving any reason, until such time as delivery of the Content has started, after which you will not be entitled to cancel your order. The supply of access to any Content shall constitute a service for the purposes of the Consumer Protection (Distance Selling) Regulations 2000.

5.2 You will only be entitled to a refund in respect of any Content if the Content was not made available to you to download from the Site within 30 days of payment due to negligence or fault on our part.

5.3 In these cases, you will be required to confirm in writing that you have destroyed (and deleted from any hardware) the Content to the extent that it is in your possession and that you have not shared the Content with any third party or committed any infringement of any Intellectual Property Rights and/or any other rights in the Content.
6. Delivery

6.1 Delivery of the Content and performance of the download service will be deemed to have taken place at the time when the Content is made available to you to download from your user account on the Site (“User Account”). We will use reasonable endeavours to deliver the Content to your User Account immediately but no specific delivery day or time is guaranteed.

6.2 Once the Content has been delivered to your User Account, the Content will be available indefinitely until such time as your User Account is either closed upon your express request or is closed by us due to it being inactive for a period of 12 months or more. After such time, you will not be able to access the Content from the Site without purchasing another copy of the Content unless you have been unable to download the Content due to technical difficulties with the Site or the Content.

6.3 If, due to technical difficulties with the Site or the Content you are unable to access the download within 72 hours of purchasing the Content, please contact us and provide us with your contact details and will provide you a copy of the Content as soon as reasonably practical. Our liability for defective delivery of any Content shall be limited to providing you with a replacement copy of the Content within a reasonable time.

7. Downloading and using Content purchased from the Site

7.1 You shall only be entitled to use any Content you purchase from the Site on a read only basis for your personal individual and non-commercial use. The Content will be stored on your User Account and you are only permitted to print one copy of the Content. You will not be able to save the Content on your personal computer nor will you be able to email it to third parties.

7.2 It is your responsibility to ensure that any Content downloaded to your User Account is kept securely at all times. We will not be responsible for any loss by you of any Content and shall not be liable to replace that Content for you.

7.3    You agree that you will not:
(a)    use any Content (or any part thereof) downloaded from the Site for any commercial or non-personal purpose or otherwise use any Content other than in accordance with clause 7.1 above;
(b)    incorporate the Content (in whole or in part) in any other work or make an adaptations and translations of the Content (or any part thereof);
(c)    make any copies or reproduce such Content (or any part thereof) other than those expressly permitted by clause 7.1 above;
(d)    issue copies of the Content (or any part thereof) or otherwise communicate the Content (or any part thereof) to the public;
(e)    perform, show, read aloud or play the Content (or any part thereof) in public;
(f)    rent, lend, distribute, publish, sub-licence, assign, sell or otherwise transfer the Content (or any part thereof) to any third person; and
(g)    remove or modify any copyright or other proprietary notices contained in the Content.

7.4 The delivery of any Content to you does not grant you any commercial or promotional usage rights in the Content or any other rights (save as expressly stated in these Download Terms) all of which are hereby expressly reserved by us.

7.5 Without prejudice to the generality of clause 7, you are not entitled to download or print the Content, or extracts from it, in a systematic or regular manner or otherwise so as to create a database or compilation in electronic or paper form comprising all or part of the Content. If you do so in contravention of this clause, you agree that we shall own all rights in or to such database or compilation and hereby assign to us any and all rights that you may have in or to any such database or compilation.

8. Suspension or Termination

We expressly reserve the right at any time, for any reason whatsoever and in our sole discretion to change, suspend, remove, limit or prevent access to the Site at any time without notice.
9. Warranties and Disclaimers

9.1 All Content made available for download through the Site is provided by third parties and is not in any way endorsed, approved, checked or vetted by us. You agree that we shall not be responsible or liable in any manner for the artistic merit, suitability, accuracy, reliability or currency of any Content nor for any offensive, inappropriate, infringing, obscene, unlawful or otherwise objectionable material included in the Content. Although we use standard anti-virus software on the Site since all downloadable Content is provided by third parties, we do not warrant that any such Content will be virus free.

9.2 We will use our reasonable endeavours to ensure that any Content which you purchase from us will be available for you to download immediately after sending the Notification to you. Other than the foregoing, the Site and the Content is provided on an "as is" basis without warranty of any kind, either express or implied and all other conditions, statements and warranties are hereby excluded to the fullest extent permitted by law.

9.3 Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site or downloading the Content. The downloading of any Content or other use of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or any loss of data that results from such downloading.

10. Liability and Disclaimers

10.1    Nothing in these Download Terms shall be construed as an attempt to limit or exclude our liability in respect of:
(a)    death or personal injury caused by our negligence;
(b)    any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
(c)    any other liability which cannot be so limited or excluded at law.

10.2    Subject to clause 10.1, we shall not be liable in contract, tort (including without limitation negligence) or otherwise for any loss, damage, costs, expenses or other liabilities suffered or incurred if:
(a)    you are unable to download any purchased Content due to an act or fault of any telecoms provider, internet service provider and/or technology supplier or due to systems maintenance;
(b)    there is any incompatibility or technical fault with your computer hardware, software and/or systems;
(c)    the information that you provide to us upon ordering and paying for the Content is inaccurate, incomplete or out-of-date;
(d)    you do not follow any instructions given to you by us for using the Site or accessing the Content;
(e)    your use of the Site or any Content results in the need for servicing, repair or correction of equipment, software or data;
(f)    we decide to suspend or terminate your access to the Site, or to take any other action during the investigation of a suspected breach by you of these Download Terms or as a result of us concluding that you have breached these Download Terms;
(g)    there is any failure to perform, or delay in performance of, any of our obligations under these Download Terms (including without limitation any delay in delivery of or access to any Content) that is caused by an event of Force Majeure (as defined in clause 17 below) or any other delay; or
(h)    you experience any loss, destruction or damage to any Content purchased by you for any reason other than as a result of our negligence.

10.3 In addition to clause 10.2 and subject to clause 10.1, you agree that we shall not be liable for loss of profit, lost savings or loss or corruption of data (whether direct or indirect), or any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, in all cases even if we have been forewarned of the possibility of such loss or damage.

10.4 To the extent that our liability is not excluded by the foregoing provisions of this clause, our liability to you in connection with the provision of any Content made available for download from the Site (whether arising in contract, tort (including negligence) or otherwise) is limited to refunding the purchase price paid by you for the Content that gave rise to that liability.

10.5 You agree to indemnify, defend and hold harmless us, our affiliates, and any respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Download Terms.

11. Intellectual property
Any and all Intellectual Property Rights in and relating to the Site and Content are either owned by or licensed to us. For the purposes of these Download Terms, “Intellectual Property Rights” means any and all intellectual property rights, including without limitation copyright, patents, rights in inventions, design rights, trade marks, service marks (in each case whether registered, unregistered or the subject of an application to register), moral rights, database rights, rights in computer programs, semi-conductor topographies, confidential information, trade secrets, know-how, business names, rights in goodwill and rights to bring a claim for passing off, unfair competition rights and all similar, like and analogous rights wheresoever held in the world and all extensions revivals and reversions thereof and, in each case, all equivalent forms of protection which subsist now or which subsist in the future.

12. Transfer of rights and obligations

12.1 These Download Terms are binding on you and us and on our respective successors and assigns.

12.2 You may not transfer, assign, charge or otherwise dispose of these Download Terms, or any of your rights or obligations arising under them, without our prior written consent.

12.3 We may at any time transfer, assign, charge, sub-contract or otherwise dispose of these Download Terms, or any of our rights or obligations arising under them.

13. Our right to vary these Download Terms
We have the right to revise and amend these Download Terms from time to time. You will be subject to the Download Terms in force at the time that you order Content from us, unless any change to these Download Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Download Terms before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the Download Terms).

14. Third Party Rights
Except as expressly provided in clause 10.5, the parties agree that the provisions of these Download Terms are personal to them and are not intended to confer any rights of enforcement on any other third party. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract or to any of its provisions, other than clause 10.5.

15. Data Protection
You acknowledge and agree that details of your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with the provision of products and services to you in accordance with our Privacy Policy

16. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing (which includes email). When buying any Content, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Force Majeure
We shall not be liable for any failure to perform, or any delay in performing, (or for the consequences of any such failure or delay) any of our obligations under these Download Terms if such failure or delay is due to any cause whatsoever beyond our reasonable control (including without limitation strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government, acts or omissions of third party suppliers and service providers) (“Force Majeure”), and we shall be entitled to a reasonable extension of the time for performing such obligations.

18. No Waiver
Any failure or delay by us to enforce any of our rights under these Download Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

19. Severability
If any clause or part of a clause of these Download is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Download Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Download Terms.

20. Entire Agreement
The warranties, exclusions and the other express provisions of these Download Terms and the User Terms [insert link] set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto.

21. Governing Law and Jurisdiction
These Download Terms are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Misc

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