Important: Please read this carefully and in full before downloading or installing the Crafty Quiz Software.
Last Updated 19th April 2022
This is a legal agreement between you ( the “Affiliate) and us (Crafty Entertainment Ltd) and applies to your participation in our Affiliate Program (the “Affiliate Program”) so please read this Agreement carefully and in full before agreeing to take part. We periodically update these terms so we recommend you review them regularly. We will alert You that changes have been made by indicating at the top of this Licence Agreement the date of the last change.
1.0 About Us
Crafty Entertainment Ltd is a company registered in England and Wales.
Registered Address: West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB
Company Number: 09561613
VAT Number: GB 211 312 281
Email Address: [email protected]
11.0 Termination
11.1 You are free to stop using our Services at any time.
11.2 We reserve the right to terminate this Licence Agreement for any reason and at our sole discretion. Upon termination:
- all rights granted to You under this Licence Agreement shall cease;
- You must cease all activities authorised by this Licence Agreement.
9.0 Limited Liability
9.1 Nothing in these Terms and Conditions shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other liability to the extent that it may not be excluded or limited as a matter of English law.
9.2 Without prejudice to condition 9.1, We shall not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with Your use of Our Website, Goods, Services or Software. This includes but is not limited to;
a) loss of income;
b) loss of business profits or contracts;
c) business interruption;
d) loss of the use of money or anticipated savings;
e) loss of information;
f) loss of opportunity, goodwill or reputation;
g) loss of, damage to or corruption of data;
h) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.3 We will not be liable to You for any failure or delay in fulfilling any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control and We reserve the right to suspend the completion of any of our obligations if We are hindered or prevented from doing so due to such an event. Such events include but are not limited to;
a) flood, fire, earthquake, storm, epidemic, extreme weather conditions or other natural disaster;
b) strikes, lock-outs or other industrial action;
c) civil disorder, rioting, invasion, terrorist attack or threat of terrorist attack;
d) war (whether declared or not) or threat or preparation for war;
e) failure of any infrastructure such as power supply, telecommunications network or transportation network whether public or private;
f) acts, decrees, legislation, regulations, restrictions or advice of any government.
9.4 Without prejudice to conditions 9.1, 9.2 and 9.3 our total liability under or in connection with Your use of our Website and/or our supply of Goods and/or Services to You whether in contract, tort (including negligence) or otherwise will be limited to the amount paid by You to Us for the Goods and/or Services in question.
9.5 Subject to clauses 9.1, 9.2 and 9.3 Our liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
9.6 We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through Our Website or Software.
9.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our site or to Your downloading of any content on it, or on any website linked to it.
9.8 These Terms and Conditions set out the full extent of Our obligations and liabilities in respect of Your use of our Website and/or our supply of Goods and/or Services to you. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us except as specifically stated in this Licence Agreement. Any condition, warranty, representation or other term concerning Your use of our Website and/or our supply of Goods and/or Services to You which might otherwise be implied into, or incorporated in this Licence Agreement, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
4.0 Licensees Restrictions and Responsibilities
4.1 The Licensee agrees:
- to allow the Licensor to contact the Licensee up to three times via email to offer support, advice or promotional offers related to their use of the Software;
- to replace the current version of the Software with any updated or new versions of the Software provided by the Licensor under the terms of this Licence Agreement as soon as such versions become available;
- to keep any copies of the Software safe and secure and to keep accurate records of the number and location of such copies of the Software;
- to indemnify, defend and hold Licensor, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from Your acts and omissions to act in using the Software in accordance with the terms of this Licence Agreement;
- not to sell, rent, lease, loan, transfer, redistribute or in any way make available the Software or Documentation, in whole or in part, to any third party;
- not to remove, obscure or modify in any way, copyright notices, disclaimers, means of identification or other text appearing in the Software or Documentation;
- not to alter, adapt, change or otherwise modify the Software or Documentation, in whole or in part, unless specifically permitted in this Licence Agreement;
- not to copy the Software or Documentation except where permitted under the terms of this Licence Agreement in section 3.3;
- not to allow the Software or any part of it to be combined with or incorporated in any other computer programs;
- to let the Licensor and its representatives, at all reasonable times with reasonable prior notice, review and access any premises at which the Software or Documentation is being stored or used including inspecting computer equipment upon which the Software or Documentation may be stored to ensure compliance with this Licence Agreement;
- not to reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms or create derivative works based on, the whole or any part of the Software.
4.2 If directly applicable law prohibits enforcement of the foregoing, the Licensee may engage in reverse engineering limited to the extent permitted by directly applicable law, but only if reverse engineering is absolutely necessary and the Licensee has first requested such information from the Licensor and the Licensor has failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Furthermore, any information supplied or obtained under this condition is strictly confidential and subject to the remaining obligations of this Licence Agreement. Any such information may only be used by Licensee for the purpose described in this section and must not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
14.0 Complaints
14.1 Crafty Entertainment Ltd operates a complaint handling procedure to resolve disputes when they first arise. If You have a complaint, please contact us and we will do our best to find a solution which is reasonable and fair for all parties.
15.0 Data Protection
15.1 By agreeing to these Terms and Conditions, You consent to Us collecting and processing Your ‘personal data’ (as defined in the Data Protection Act 1998) in accordance with Our Privacy Policy.
17.0 Transfer of Rights and Obligations
17.1 These Terms and Conditions are binding on You and Us and Our respective successors.
17.2 You may not transfer, assign, charge or otherwise dispose of these Terms and Conditions, or any of Your rights or obligations arising under them, without Our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and Conditions or any of these rights or obligations arising under it, at any time.
18.0 Waiver
18.1 If, at any time We fail to insist on compliance with any of Your obligations under these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
18.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
18.3 No waiver by Us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
19.0 Severability
19.1 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
20.0 Notices and Communications
20.1 All notices given by You to Us must be given by email to [email protected] or by post to: Crafty Entertainment Ltd, West Hill House Allerton Hill, Chapel Allerton, Leeds LS7 3QB
20.2 We may give notice to You at either the e-mail or postal address You provide to Us when registering on Our Website or when placing an order on Our Website.
20.3 Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or three days (excluding Sunday) after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20.4 Where prescribed by applicable law, some of the information or communications We send to You should be in writing. When using Our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting it on Our Website. For contractual purposes, You agree to this electronic method of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any applicable legal requirement that such communications be in writing. This condition does not affect Your legal rights.
21.0 Law and Jurisdiction
21.1 These Terms and Conditions are governed by and interpreted according to English law. All disputes arising from, or related to, Your use of Our Website and/or Software or Our supply of Goods and/or Services to You are subject to the exclusive jurisdiction of the English courts. We also reserve the right to bring legal proceedings against You for breaching these Terms and Conditions in Your country of residence or any other relevant country.
22.0 Entire agreement
22.1 These Terms and Conditions, together with Our Privacy Policy and Software Download Licence Agreement shall constitute the entire agreement between You and Us in relation to Your use of Our Website, Software, Goods and Services.