Terms of Website Use, Licensing and Purchases

These terms were updated on Sep 12, 2017 @ 10:14 am

  1. Introduction

Welcome to Crimson Phoenix, a creative arts company that produces and licenses the rights to high-quality and thought-provoking musicals and plays, and sells sheet music and scripts featured in our productions.

This page tells you the terms on which you may use our website https://crimsonphoenix.co.uk/  and purchase the goods available for sale and licensing provided on the site (collectively “the site”). Please read carefully before use.

By using the site and purchasing/licensing any goods available on the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.

  1. Who We Are

Crimson Phoenix is operated by Crimson Phoenix Creative Limited, a UK Limited company registered in England under company number 07951067.

Our registered office is at: Office 1, The Warehouse, Anchor Quay, Penryn, Cornwall, TR10 8GZ

You must treat all identification codes, passwords and other security information we provide you with on the site as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

By using the Site, you agree to us handling the information you provide and confirm that data you provide will be true, accurate, current and complete. You agree to update your information as necessary to maintain its truth and accuracy. If you submit any information that is false or deliberately misleading, or otherwise use the site in a manner that is contrary to the law and these terms, we may suspend your use of this site, or stop it completely.

If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.

You must not attempt to restrict another user from using or enjoying the site and you must not encourage or facilitate violations of these terms.

We frequently update the site and make changes to it, but we don’t have to do this. Material on the site may be out-of-date and we reserve the right to remove any content or materials posted on the site for any reason, without prior notice.

No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We follow our privacy policy in handling information about you. You can read our policy at https://crimsonphoenix.co.uk/privacy.

  1. Intellectual Property Rights

You should assume that everything you see or read and everything available on the site is protected by intellectual property rights.  Such intellectual property rights (for example trademarks and copyright) in the site and in any of the material posted on it (including but not limited to any text, data, photos, graphics, other images, audio and video files, digital sheet music and scripts) belong to or have been licensed by us.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them and you must keep all copyright and other proprietary notices on the material. All other rights are reserved to us. Use of the site does not give you any rights in any materials on the site unless you have purchased or licensed those materials in accordance with these terms.

Except as set out above, you may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license, or in any way exploit any material on this site, in whole or in part, without our prior written consent or without having purchased or licensed those materials in accordance with these terms. You agree to use any material on this site only for the purpose for which it was made available.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

  1. Production Licensing and Royalties

Users of our site who act on behalf of theatre companies or amateur/professional performing arts groups and who wish to perform one or more of our works may contact us at licensing@crimsonphoenix.co.uk.  Where we are willing to allow such performance(s), we will agree in writing (which may include via email) the commercial terms on which such performance(s) is/are granted, including the title of the work(s), permitted performance dates, any geographical restrictions and our licensing charges (which may include an initial fixed fee and/or royalties).  If the user (“licensed user” in this section) accepts such commercial terms adn the terms of this section 5, it must confirm its acceptance in writing (which may include by email to licensing@crimsonphoenix.co.uk) and the performance licence will be granted in accordance with the terms contained in this section 5.

We grant licensed users the non-exclusive right to advertise, promote and perform the agreed production (“work” in this section) and to record and broadcast the work as part of a marketing trailer, provided the licensed user pays the royalties in full when due and fully performs its responsibilities under these terms. The licensed user may not after the agreed performance dates (or on any other dates) use, copy or perform the work (or any part of it).

Licensed users agree that Crimson Phoenix or our licensors are the only owners of copyright and related rights in works licensed under these terms. Licensed users will not claim any ownership rights in these works, or any work derived or adapted from them. All rights that licensed users might gain from use of the works will belong to us or our licensors, including any new copyrights.

Any fixed fee due to us in consideration for the licence granted to you must be paid within [14] days from the date of the invoice you receive from us, unless the payment terms stated on the invoice provide for a different payment period. Details of how to make payment will be stated on the invoice. We reserve the right to revoke the licence in the event that payment is not received within the required time period.

The royalties due to us from you will be agreed separately in writing and will depend on the production licensed and the nature of the performance, including the number of dates for which performance is permitted, the size of the venue at which it will be performed and the prices at which tickets for the performance(s) will be sold. The licensed user will pay us the agreed upon royalty, which will be a percentage of the retail price (less VAT) of every ticket sold by the licensed user (or their partners, affiliates or third party service providers) for any performance(s) of the work.

Royalties must be accounted for and paid within one month following the end of each performance of the work and be evidenced by a statement showing the number and retail price of tickets sold for the performance(s) and the amount of royalties due.

The licensed user will allow Crimson Phoenix or our accountants to audit the licensed user’s accounts on reasonable notice not more than once each year in any period during which performances are licensed to licensed users. If the audit shows that the licensed user has underpaid, the licensed user will pay us the cost of the audit as well as immediately paying the amount which the audit shows is due.

We reserve the right to change our royalty rates. We also reserve the right to suspend or stop your use of this site and/or performance by you of the work(s) if you do not pay royalties due on request and/or charge you interest on late payments at 4% over the Bank of England’s base rate from time to time.  Interest shall accrue on a daily basis from the due date of actual payment of the overdue amount.  You must pay us interest together with any overdue amount.

  1. Sale of our Online Digital Goods

We sell various digital content (including digital tickets, sheet music and scripts) through our site (“digital content”). The terms in this section 6 apply to all orders of digital content on our site.

Our site will guide you through the process of purchasing digital content. Our acceptance of your order will take place when we email you to accept it, at which point you have a binding contract with us, and these terms are part of it. If we are unable to accept your order (e.g. because we have identified a pricing error) we will inform you of this and refund any payments made by you for the digital content.

The price of the digital content (which includes VAT) will be the price indicated on the order page of our site when you place your order. Prior to formation of the contract and unless such information is already apparent from the context of the transaction, we will also provide you with details about the functionality (including appropriate technical protection measures) of digital content and, where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.

All prices on our site include VAT. We may from time to time change our prices but such changes will not affect any order that you have already placed.

Minor changes may, from time to time, be made to certain digital content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the digital content and should not normally affect your use of that content.  However, if any change is made that would affect your use of the digital content, suitable information will be provided to you.

By purchasing digital content on our site, you hereby expressly acknowledge that such content will be made available to you immediately and that you will lose your legal right to change your mind (the 14-day “cooling-off period”) and cancel upon accessing (e.g. downloading or streaming) the digital content. For the avoidance of doubt, you will only be permitted to download purchased content once.

You may pay online via our licence estimator tool. Your chosen method will be charged when we process your order and send you a purchase confirmation. Payment is made via the payment gateway Stripe and we accept payment by way of credit and debit card.

Our status as the author of the digital content on our site (or that of identified licensors, as appropriate) must always be acknowledged.

By law, we must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any digital content available through our site does not comply, please contact us at customerservice@crimsonphoenix.co.uk as soon as reasonably possible to inform us of the problem.  Your available remedies will be: (a) if the content has faults, you will be entitled to a repair or a replacement; (b) if we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund; (c) if you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation.

Any refunds granted will be issued within 14 calendar days using the same payment method that you used when purchasing your digital content.

We will not be responsible for any delay in the availability of digital content that results from you providing incorrect or incomplete information.

  1. Confidentiality

If you are provided with any confidential information which is given to you in confidence or marked or described as “confidential”, or which is obviously confidential (including copies thereof), you agree to keep such confidential information in strict confidence and not to disclose it to any third party without our prior written consent. You further agree not to use any such confidential information other than for the purpose that it is provided to you.

Any press and publicity and any announcement about any collaboration with us or the performance of any of our licensed works will be mutually agreed by you and us.

  1. Content standards

Our content standards apply to all material that you contribute to our site, including, but not limited to, any comments you post in relation to blogs published on the site. You must follow our content standards carefully, but please also follow the spirit of them.  Any contributions to our site or forms that you complete on the site must be:

  • accurate and honest (if they are factual);
  • genuine (if they state opinions);
  • within the law.

Your contributions must not be:

  • defamatory, obscene or offensive;
  • likely to deceive, harass, annoy, threaten, or invade someone else’s privacy.

Your contributions must not:

  • promote material that is sexually explicit or violent;
  • discriminate or promote discrimination because of race, sex, religion or belief, nationality, ethnic origin, age, disability, sexual orientation, gender  reassignment, marital status or civil partnership, or pregnancy and maternity;
  • infringe anyone else’s intellectual property;
  • be used to impersonate anyone, or misrepresent anyone’s identity;
  • encourage or assist anything that breaks the law;
  • contain unnecessarily repeated words or phrases intended to distort the positioning of the contribution in any search results;
  • promote ‘get rich quick’, pyramid selling or network-marketing opportunities;
  • try to advertise or promote products or services.

Please note that we are not required to moderate our interactive services. We will not be responsible for any loss to anyone who does not use our site according to our standards (whether or not we have moderated the service).

  1. Our Legal Responsibility to You

Although it is our intention for the site to be available as much as possible, there will be occasions when the site may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

We do not guarantee that the site will be error free or the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

  • Any loss to you arising from use of our site including from viruses, glitches, bugs, errors, other technical malfunction or inaccuracies of any kind in the site or in the information and materials posted on it;
  • Loss of income, profit, business, data, contracts, goodwill, saving, damage to your equipment or devices and any indirect, special and consequential damages, arising as a result of your use of the site, whether or not such loss or damage is foreseeable, foreseen or known;
  • Delays or disruptions in the site;
  • Any loss arising from our modification, suspension or discontinuation of the site

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. In particular, we do not make any representations or warranties of any kind in relation to your content, security associated with the transmission of information.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, defective products under the Consumer Protection Act 1987, breach of the requirements that our digital content be of satisfactory quality, fit for purpose, match a sample; or for anything else where exclusion is not allowed by the law.

Neither of us will be legally responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable.

  1. Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the site will end immediately. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to our site or server or any connected database or make any ‘attack’ on the site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

  1. Links to Our Site

You are allowed to make a legal link to our website’s homepage from your website if the content on your site complies in all respect with the law and generally accepted standards of morality and decency. We can end this permission at any time.

You must not suggest any endorsement by us or association with us unless we agree in writing.

  1. Links From Our Site

Links from our site to other sites are only for information. We do not accept responsibility for other sites or any loss you suffer from using them.

  1. Breach of these terms

If we think you have breached these terms, we will take whatever steps we think are necessary. These might include:

  • stopping your use of the site temporarily or permanently;
  • sending you a warning;
  • revoking any licence granted to you under section 5 above;
  • taking legal action;
  • telling the right authorities
  1. Variation

We may change these terms from time to time and you must check them for changes because they are binding on you as of the time of posting. Your use of the site after we update the terms at any time constitutes your agreement to the updated terms.

  1. Applicable Law

The English courts have the only right to hear claims related to our site, and all disputes are governed solely by English law.

  1. Contact Us

Please email us at admin@crimsonphoenix.co.uk to contact us about any issues you encounter when using our site.

  1. General

If any provision of these terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions.

Our failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you are using the site on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity.

Unless additional commercial terms have been agreed in writing in respect of production licensing (see section 5 above), these terms constitute the entire agreement between you and us and govern your use of the site, superseding any prior agreements between you and us.

Nothing in these terms will create a partnership, joint venture, employment or agency between you and us and neither you nor we may make any binding commitment on behalf of the other.

You will not assign any rights or delegate any obligations under these terms in whole or in part, without our prior written consent. We may assign these terms or any of our rights without your consent.

These terms do not confer any third-party beneficiary rights.