Terms and Conditions

In these Terms and Conditions ("Terms"), Fresh One Productions Limited is referred to as "we", "us" and "our" and "Fresh One". By using the website at www.dontstopthemusic.co.uk ("Site"), all users of the Site are agreeing to comply with the General Terms of Use of the Site (below) and the Terms. Fresh One's Privacy Policy and Cookies Policy also applies, so please read all of these pages carefully along with the Terms below and if you do not agree to any of these please do not use or view the Site or participate in the Instrument Amnesty or Campaign (as defined below).

Background

Programme

"Don't Stop The Music" ("Programme") is a new documentary series produced by Fresh One for Channel 4 (view a full description of the Programme) airing early September 2014. The Programme will follow James Rhodes, world-renowned international pianist (more information about James Rhodes is available on James Rhodes' website), in his attempts to create a nationwide campaign to improve music education in the UK, including the provision of traditional orchestral instruments in primary schools ("Campaign").

Instrument Amnesty

The Instrument Amnesty is run by James Rhodes and Fresh One. Selected primary schools in the UK (excluding independent schools) ("Schools") have applied and been chosen to receive instruments donated by the general public for use in their Schools ("Instrument Amnesty"). If you are a school that applied to receive instruments through the Instrument Amnesty on registermyschool.co.uk, the terms and conditions that you signed up to can be found on a dedicated registermyschool.co.uk page which features the old T&Cs, website terms and privacy policy, should you wish to refer to them again. This Site is now the sole website for the Campaign and the Instrument Amnesty. This Site is a place where you can find out all about the Campaign and the Instrument Amnesty and where (i) donors of instruments ("Donors") can pledge their instruments to the Instrument Amnesty (ii) donors are given information on how to donate their instruments (iii) the Schools involved in the project are listed and (iv) you can add your voice to the Change.org petition.

Campaign

The Campaign is run by James Rhodes and Fresh One and is about ensuring every child in the UK has the opportunity to learn an instrument and receives the high quality music education that was promised by the Government.

The Campaign includes, but not in limitation, this Site, and a Change.org petition (more details below).

For the avoidance of any doubt, our campaign partners, Oxfam and YodelDirect, are assisting with the Instrument Amnesty only, and not the wider Campaign.

Change.org Petition

If you'd like to add your voice to the Campaign, you can sign the Change.org petition that we have set up on Change.org and embedded from Change.org onto the Site. The aim is that the petition will be presented to the Government.

Change.org power the petition for the Campaign and their Terms of Service and Privacy Policy apply when you sign up to the petition so please make sure you read and are happy to accept these before you sign the petition. Any information you give as part of the petition process will be dealt with in accordance with Change.org's privacy policy. Please note that Change.org is a US based website. See their Privacy Policy for further details. Where you elect to publicly show your name, location or petition message on the change.org website, Fresh One may use and publish this information for the purposes of the Campaign, and Fresh One shall process such data in accordance with Fresh One's Privacy Policy.

How the Instrument Amnesty Will Work:

If you choose to donate an instrument to the Instrument Amnesty the following rules/guidelines apply (and this process shall be referred to as the "Pledge Process" throughout these Terms and the Privacy Policy);

  • Donors can pledge instruments they own via the Site or directly by taking their instrument(s) to a local Oxfam store. Either way, Donors will deliver their instrument(s) to a local Oxfam store of their choice;
  • Donors must be aged 18 or older;
  • Once a Donor's instrument is left at the Oxfam store as part of the Instrument Amnesty, it becomes the property of Fresh one Productions Limited, so please do not pledge your instrument to the Amnesty and leave it at the applicable Oxfam store unless you are sure you are happy to part with your instrument permanently;
  • Donors must ensure that their instruments are delivered in hard casing, otherwise they may not be able to be accepted. It may be possible to accept instruments in bubble wrap but this can't be guaranteed if the wrapping is not sufficient, so please try to deliver in hard casing wherever possible;
  • Donors will provide certain information about themselves (name, email address, city and postcode) either online via the Site if pledging online, or on a pledge form to be filled in at the Oxfam store if pledging directly in-store. Please refer to the Fresh One's Privacy Policy for more information on how your personal data will be processed and stored;
  • Donors will be given a unique Instrument Tracking Number(s) for their instruments (provided online if donating online, or at the Oxfam store if donating in-store) which will be transferred to a label which Oxfam will tag onto your instrument(s). Please bring this with you to the store if you have registered online as otherwise we will have to register your pledge in-store, cancel the online pledge, and start again with your pledge in-store;
  • The unique Instrument Tracking Number will stay with all instruments donated by an individual so that they can be monitored throughout their journey by Fresh One;
  • donated instruments will be collected and delivered by our official parcels carrier, YodelDirect from Yodel, to a central storage location where they will be checked over, repaired and cleaned if appropriate and then packaged for onward delivery to the recipient Schools;
  • instruments beyond repair (as explained further in our FAQs) may either be used for parts for other instruments, or recycled;
  • your instrument(s) will be logged at the Oxfam store, then at the central storage location and then on delivery to the recipient Schools, so that we can track the instrument journey;
  • Please refer to the FAQs on the Site for more details of the Instrument Amnesty Pledge Process, and for answers to questions such as 'can I get my instrument back?', 'what happens to instruments that are surplus to requirements or that are too in need of repair to be used?';
  • you will receive updates on the instrument journey, but you are free to unsubscribe from these at any time.

Recipient Schools

  • See the provisional timetable below for expected delivery of donated instruments to recipient Schools.
  • The Terms and Conditions and Privacy Policy that you signed up to during the registration process still apply.
  • Schools and their applicants can be contacted by any method of contact provided by them at the registration stage about their participation in the Instrument Amnesty and, if applicable, involvement in the Programme and Campaign.

Proposed Timetable for Instrument Amnesty

  • Week ending 26 July 2014 – Chosen participating Schools will be notified that they have been chosen
  • Week commencing 8 September 2014 – the Site will be launched and Instrument Amnesty will begin
  • 17 October 2014 – Instrument Amnesty will end
  • Week commencing 20 October 2014 – the anticipated first instrument drop to half of the participating Schools
  • Week commencing 10 November 2014 – the anticipated second instrument drop to the remaining half of the participating Schools

Please note these dates are subject to change, and any new dates will be notified to the selected participating Schools.

By submitting an instrument pledge (whether through the Site or in-store at an Oxfam store) and delivering your instrument to your local Oxfam store, Donors agree to the following:

1. The information that you provide in the Pledge Process is accurate and up to date and not misleading and that you are 18 years of age or older;

2. Until you deliver your instrument to the Oxfam store you are free to change your mind about donating your instrument. However, on delivery to Oxfam, ownership of your instrument shall transfer to Fresh One and you acknowledge and agree that we are not able to retrieve and return instruments once they have been donated, so please be sure you don't mind parting with it before you do;

3. You acknowledge and agree that NEITHER FRESH ONE NOR ANY OF ITS THIRD PARTY PARTNERS shall be liable for any loss, damage, injury or disappointment suffered by you in connection with your participation in the CAMPAIGN or INSTRUMENT AMNESTY, OR THE FACT YOUR instrument may not be IN adequate CONDITION to be DELIVERED TO A SCHOOL, OR SHOULD FRESH ONE DECIDE AT ANY TIME NOT TO GO AHEAD WITH THE PROGRAMME, THE CAMPAIGN OR THE INSTRUMENT AMNESTY, other than death or personal injury caused by FRESH ONE'S (or relevant third party partners as applicable) negligence or other liability that is prohibited from being limited or excluded by law.

4. You acknowledge that Fresh One and James Rhodes make no warranty or representation as regards the type of instruments that Schools will receive, whether Donors' instruments will reach a School, the number of instruments Schools will receive and the condition of the instruments donated as part of the Instrument Amnesty, and will accept no liability of any kind arising from donated instruments not being received for any reason or instruments being delivered in poor condition;

5. You acknowledge that it is too costly for us to carry out extensive repairs. If we receive an instrument that is considered, in our discretion, to be too damaged, it will be recycled;

6. You acknowledge and agree that if we receive instruments surplus to requirements for the Instrument Amnesty, we may choose (at our discretion) to deliver such surplus instruments to schools who registered for the Instrument Amnesty but were not eventually selected as a participating School;

7. If you deliver instrument(s) to an Oxfam store after the end of the Instrument Amnesty, you agree that such instrument(s) may be retained by Oxfam stores for re-sale to the public;

Donor information:

8. Your personal information will be used as set out in our Privacy Policy. Any information Donors provide to Oxfam during the Pledge Process for the purposes of contacting Donors about Oxfam's projects and activities will be dealt with in accordance with Oxfam's Privacy Policy. 

Donor Warranties:

9. By donating an instrument to the Instrument Amnesty, you warrant and represent to us that you are the sole owner of the instrument and are entitled to give us the instrument.

General

We reserve the right to modify these Terms at any time. Any changes will be published on the Site. We reserve the right not to proceed with or to reduce the length of the Instrument Amnesty for any reason and will notify participating Schools and Donors should this become the case. We reserve the right not to proceed with the Campaign for any reason.


Unfortunately we cannot enter into correspondence with Donors about the journey of their instruments, other than the emails we will send Donors at various stages of the Instrument Amnesty, as explained above in "Pledge Process". You acknowledge and agree that your involvement in the Instrument Amnesty is at your own cost. The rights granted hereunder are licensable and assignable by Fresh One to any third party.

These Terms, Fresh One's Privacy Policy, Oxfam's Privacy Policy and the General Terms of Use of the Site shall be governed by English law and any disputes will be decided only by the English courts.

We can transfer our rights and obligations under these Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under these Terms to anyone else.

You agree to indemnify us and keep us indemnified from and against all claims, damages, demands, expenses, costs and liabilities (including legal fees) relating to or arising from any breach or suspected breach by you of the Terms or any of Change.org's terms in respect of the petition, or your violation of any law or the rights of any third party.

If any of these Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

GENERAL TERMS OF USE FOR THE SITE ("General Terms")

The site www.dontstopthemusic.co.uk ("Site") is controlled and operated by Fresh One Productions Limited ("we", "us", "our" and "Fresh One"). Please read these General Terms carefully as they set the terms on which we make the Site available to you and your related rights and obligations.

Accessing the Site

1. By accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with these General Terms, and we may terminate or block your use of the Site for any conduct that we reasonably consider to be inappropriate, including for your breach of these General Terms.

2. Any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these General Terms and accordingly they take effect the moment you first use the Site. You should stop using the Site immediately if these General Terms are not acceptable to you in full. We reserve the right to change the General Terms at any time by posting changes on the Site and it is your responsibility to refer to and comply with the most up to date General Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the General Terms as modified.

3. You may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site's material or content, remove any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site, frame or mirror any part of the Site without our express prior written consent, or permit or assist any third party to do the same.

4. You agree to only use the Site for lawful purposes and in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is fraudulent, libellous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site. We reserve the right to screen, filter and/or monitor and/or remove content (if any) for this purpose.

5. You must not: (i) knowingly introduce viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful onto the Site, (ii) gain or attempt to gain unauthorised access to the Site, tamper with or use non-public areas of the Site, our servers, computer systems or databases, or our technical delivery systems or those of our providers; (iii) probe, scan, hack, or test the vulnerability of any system or network forming part of or connected to the Site or breach or circumvent any security or authentication measures; (iv) access or search or attempt to access or search the Site by any means (automated or otherwise) except through the search functionality provided on the Site; (v) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (vi) attack the Site with a denial of service attack or distributed denial of service attack or interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site. By breaching this provision you would be committing a criminal offence. We will report any such breach to the relevant authorities and will co-operate by disclosing your identity to them. In the event of such breach, your right to use the Site will cease.

Cookies and links to third party sites

1. Please see our Cookie Policy for details of the cookies that we use on the Site.

2. The Site may include links to websites owned and/or controlled by third parties ("Third Party Sites") from time to time. You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. These Third Parties Sites may have their own terms and conditions of use which you may be required to comply with. Please read such terms and conditions of use to ensure you are willing and able to comply with them.

Intellectual Property Rights Including Copyright

1. The names, images and logos identifying Fresh One Productions, James Rhodes, the Campaign, all our associated companies or third party partners (including, without limitation, Oxfam and YodelDirect) and any products and services are proprietary marks of these parties. Nothing in the General Terms shall be construed as conferring to you any licence or right under any intellectual property right of any of the above parties unless expressly stated otherwise.

2. All copyright, trademarks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site (other than your Data – as defined in our Privacy Policy below) shall remain at all times our property or the property of our associates and is protected by intellectual property law.

3. If we should include any contributions provided by you to us on the Site, (or in the Programme or any other programme or project), including without limitation written comments (e.g. personal messages delivered with instruments and messages provided as part of the change.org petition signing), ("Contributions"), you warrant and agree that such Contributions are original to you and not defamatory or obscene, that you own all rights in such Contributions and have the right to grant us all uses granted herein, and you hereby grant to us a non-exclusive royalty free licence to use such Contributions and to cut and edit such Contributions as we see fit and to include them with others, in any media now known or hereafter invented, throughout the universe, in perpetuity, including, but not in limitation, on the Site, without the need for payment to you or further consent from you. We will not use any Donors' names unless with their prior consent.

Availability and use of the Site

1. We make no representation that content on the Site is appropriate or available for use at locations other than the United Kingdom and Republic of Ireland. If you access the Site outside of the United Kingdom or Republic of Ireland, you are responsible for compliance with all local laws.

2. The Site, information, images, logos and content relating to the Site, and/or any of our associated companies, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

3. We will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside our reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any communication to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

4. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. Except as required by law, we will not be responsible for any loss or damage caused by (a) Interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside our reasonable control (b) your negligence, your breach of the Terms (including but not limited to the General Terms) or failure to follow our reasonable instructions (c) any incompatibility of the Site with any other software or material on your equipment (d) any unauthorised use of the Site or (e) any other factor that is outside our reasonable control.

5. Information, videos and other material on the Site may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of these or that information is up to date, or the reliability of any information displayed or distributed through the Site. You acknowledge that reliance on any such information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site at any time without notice.

6. We do not accept any responsibility for any damage, loss, injury or disappointment suffered through your use of the Site. In no event will we or any of our third party affiliates be personally liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall we or any licensors or third party affiliates be liable for any unauthorised use of the Site.

7. The exclusions and limitations in this section do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

General

1. You agree to indemnify us and keep us indemnified from and against all claims, damages, demands, expenses, costs and liabilities (including without limitation legal fees) relating to or arising from your use of the Site or arising from any breach or suspected breach of the General Terms by you or your violation of any law or the rights of any third party.

2. We can transfer our rights and obligations under these General Terms to any company, firm or person provided this does not affect your rights under the General Terms. You may not transfer or assign your rights or obligations under these General Terms to anyone else.

3. The General Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or these General Terms are subject to the exclusive jurisdiction of the courts of England.

4. If any of these General Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining General Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

5. If you become aware of any misuse of the Site or wish to complain about any material on the Site you can email us at info@dontstopthemusic.co.uk.

Fresh One Productions Limited, 19-21 Nile Street, London N1 7LL, info@dontstopthemusic.co.uk.

18th August 2014

Additional information

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