TERMS AND CONDITIONS
By using the Quirky Kidz website you agree to the terms and conditions below.
Definitions
You means the user of the Site, We/us means Quirky Kidz, website or Site means the sites located at www.quirkykidz.com Content means the information and other material available within the Site. Rights granted / rights reserved You agree not to (or to facilitate any third party to) copy, transmit, distribute, publish, commercially exploit or create derivative works of the Content without prior permission from Quirky Kidz.
Warranty
The site and the content (which includes Content that is supplied to us by third parties either directly or indirectly) is provided on an as is and as available basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions or completeness, accuracy, satisfactory quality and fitness for a particular purpose.
Liability
You agree that Quirky Kidz shall not be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or any bookings or purchases you make from third parties through your use of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage). Notwithstanding that appropriate steps have been taken to ensure that the information in our directories is accurate, Quirky Kidz (and those organisations on whose behalf we publish various directories) cannot accept liability for reliance placed on the contents and/or any omissions which may occur. Those employing performers or specialists from our directories must make their own enquiries of the performer / specialist to satisfy themselves that he/she is competent to perform the skills required. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by third parties via the Site. You acknowledge any bookings or purchase of goods or services made with a third party via the Site shall be subject to the terms and conditions of the third party supplying the service and/or goods concerned and that we will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and third parties. We do not make any representations or warranties as to the security of any information you might be requested to give to any third party.
Availability of the site
You acknowledge that faults may lead to temporary unavailability of the Site and related e-mail services; and that the operation of the Site and related e-mail services may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.
Links to other sites
We may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.
Use of the site
You undertake:
1.not to use the content or e-mail services for any unlawful purpose;
2.that you shall not make any use of the Site or e-mail services such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;
3.not to use the Site or its e-mail services for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; and
4.not to use a hotlink to a performers web-page on any publicly accessible internet site without their express permission. You also agree to remove any link to a performers web-page on their request.
Intellectual property
You acknowledge that all copyright, trademarks and all other intellectual property rights in the content shall remain vested in us.
Changes to these terms and conditions
We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to regularly check these terms and conditions. If you do not agree to any changes made to them you must immediately stop using the Site.
Entire agreement
These terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Severability
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
English Law
These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
All Agents wishing to receive breakdowns via The Quirky Kidz website must agree to the following terms and conditions
1. The information in e-mails sent by casting professionals using The Quirky Kidz website is the confidential property and copyright of the sender (or of his/her employer). In using The Quirky Kidz website, you agree not to forward or copy these e-mails to anyone else and that you will only use them, and the information set out in them, for the purposes of suggesting clients for the relevant casting opportunity, by using the link provided in the system to send e-mails back to the relevant casting professional.
2. For data protection reasons, you need to satisfy yourself that the clients whose details you send using the system consent to this. You also now consent to your own details being made available via The Quirky Kidz website to casting professionals, for them to use to send you casting breakdowns.
3. Any breach of the Conditions of Use could cause inconvenience and loss to the sender, and loss to Quirky Kidz. Quirky Kidz reserves the right to terminate your access to The Quirky Kidz website without notice in the event of a breach. It also reserves the right to withdraw or withhold The Quirky Kidz website service for individual Agents or generally, where it considers this to be commercially desirable or for any other reason it deems appropriate. To ensure quality of service for our advertisers and subscribers, we may withhold access to The Quirky Kidz website from Agents whom we consider to lack the relevant credentials or professional experience.
4. These Conditions of Use are governed by English law and the courts of England and Wales have exclusive jurisdiction over matters arising out of them.