LEGAL EAGLES

TERMS OF USE

Spiderflower is a comprehensive dance movement theatre system, developed by Rowan Jacqueline Beckett since 1999.

It is a not-for-profit organisation. ​​

The following terms of use (Terms of Use) apply to the use of this website and any of its content and material within (Site) and apply between Rowan Jacqueline Beckett / Spiderflower (we, us or our) and you, the person using the Site (you and your).  

 

These Terms of Use are designed to uphold the standards and integrity of Spiderflower's work, whilst creating a safe and respectful environment for those who either participate or collaborate.  

TRADEMARK: SPIDERFLOWER is registered as a Trademark

in the UK (UK00003466287) and EU (EU018287268).

1.  LICENSE TO USE WEBSITE AND CONTENT - ACCEPTABLE USE

1.1.  You may:

(a) view pages from the Site in a web browser;

(b) stream audio and video files from the Site;

(c) use the Site's services by means of a web browser.

1.2. You must not:

(a) use the Site in a way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;

(b) use the Site in a way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) download any material from our Site or save any such material to your computer.​

1.3.  Unless you own or control the relevant rights in the material, you must not:

(a) republish material from the Site (including republication on another website);

(b) sell, rent or sub-license material from the Site;

(c) show any material from the Site in public;

(d) exploit material from the Site for a commercial purpose; or

(e) redistribute material from the Site.​​​​​​

1.4. As a condition of your use of the Site, you agree not to:

(a) misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

(b) attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

 

1.5. We reserve the right to restrict your access to areas of the Site, or the whole Site for any reason.

 

1.6  You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measure in place on the Site.​​​

1.7.  By using the Site, you confirm you have read, understood and agree to these Terms of Use.

1.8.  If you disagree with this Terms of Use, you must stop using the Site immediately.

2.  REGISTRATION TO EVENTS​ + MEMBERSHIP

2.1. We are not obliged to permit anyone to register for events or as a member and we may refuse, terminate or suspend registration to anyone at any time.

2.2. You must ensure all information you supply upon registration through the Site, or in relation to the Site, is true, accurate, current, complete and non-misleading.

3.  USER ID's + PASSWORDS​​​

3.1. When user ID's and passwords are required, your user ID must not be misleading and you must not use your account or user ID for or in connection with the impersonation of any other person.

3.2. When a user ID's and passwords are required, you are responsible for making sure your password and any other account details are kept secure and confidential at all times.

3.3. You must notify us in writing immediately if you become aware of any disclosure of your password.

3.4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

3.5. You are responsible for all activity on the Site arising out your misuse of the Site, including but not limited to any failure to keep your password confidential, and you may be held liable for any losses arising out of such failure.

4.  OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

4.1.  Nothing contained within these Terms of Use will grant to or create in the recipient, either expressly or impliedly, any right, title, interest or license in or to the intellectual property of Rowan Jacqueline Beckett / Spiderflower.

4.2.  Unless otherwise stated and/or credited to a different owner, the intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us.

4.3.  We reserve all our intellectual property rights stated in clause 4.2 above (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This includes but is not limited to all forms of creative content produced by us to include course structures and content, all writing in its various forms (poetry, article, copy), photographic stills and film.

4.4.  Nothing in these Terms of Use grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content. 

4.5.  Any reproduction and redistribution, in part or in whole of the contents of the Content or Site is prohibited without express written permission made via a formal release form and usage fees paid. You may not, except with express written permission, commercially exploit the content, print nor store it in any other website or other form of electronic retrieval system.

4.6.  Our repertoire includes in depth and developed practices, techniques and structures within that are unique to Spiderflower. All working titles, content, interpretation, course structure, external holding and teaching structures are protected by international laws of copyright as a whole and in part. No part of this body of work may be printed, copied, distributed, reproduced or exploited for commercial or personal financial gain, even in the case of not-for-profit organisations, without prior written consent via a formal release form and fair credit given.​​​

5. TEACHER TRAINING

5.1.  Unique teachings have taken years to develop, specifically with the intent of not pulling from already exploited indigenous cultures. Students must be trained adequately prior to teaching in order to keep the integrity and standards of the work high, to comply with health and safety and avoid misrepresentation. Teacher Training must be fully completed to make use of any of the afore mentioned elements of work. This has been in effect since 1999 and has been in place to maintain both integrity and high standards. For members wishing to teach Spiderflower, a 4 year teacher training programme must be fully completed. For further details and how to apply see TEACHER TRAINING.

5.2.  Other artists or Spiderflower students may not fracture or splice Spiderflower's forms and techniques with their own work or another discipline, and so infer Spiderflower's content and techniques are developed by themselves or belong to another practitioner. Any exploitation, reproduction and redistribution in this way is prohibited without express written permission.  All rights are reserved.

6.  SELF ENDORSEMENT

Students, independent practitioners or collaborators may not credit themselves against Spiderflower, advertise themselves in anyway, by gesture, verbally or in writing, as being 'trained' by Rowan Jacqueline Beckett and/or Spiderflower to teach or work with Spiderflower's form and techniques unless specific permission has been granted by Rowan Jacqueline Beckett through prior written consent and/or have gained accreditation via teacher training.

​​

7.  FEES

7.1.  Please refer to USAGE + PRICING for a guideline of prices where usage is granted. These figures will fluctuate depending on the nature of an agreement, the material used, in which context, for what duration and it's geographical location. All Content must be credited to Rowan Jacqueline Beckett and/or Spiderflower, unless otherwise stated or credited to a different owner in which case the relevant credits must apply. Where Spiderflower either in form, technique, research, writing, content or interpretation, teaching structure, working titles, artwork or photography is used without permission, a usage fee will be payable.

 

7.2.  Where Spiderflower's structures, including but not limited to Content or the Site, are used without our written permission or signed of via a formal release form for personal or commercial financial gain (this includes not for profit organisations), we reserve the right to seek damages or an account of profit and other losses.

8.  HEALTH & SAFETY

Spiderflower strives to create a safe environment that looks responsibly to health and safety. Health and safety checks are carried out on all sites. During registration, participants are asked a series of questions to cover all Spiderflower needs to know regarding health and safety. Any changes from the time of filling out registration to the time of commencing an event MUST be reported. If there are any obvious issues that Spiderflower has not asked directly but ought to know regarding your health and safety within the workspace, participants are expected to communicate this. If participants fail to do this, Spiderflower will hold no liability whatsoever should difficulties arise.

9.  CARE, CONDUCT & LIABILITY

9.1.  For an event to be held well, there are many relationships at play that support the work. These relationships are longstanding and have developed over years.  Spiderflower cares about its working relationships in all cases and participants are asked to consider this and act with care whilst attending an event. Rowan Jacqueline Beckett carries Public Liability Insurance, but should a participant, staff member or collaborator act in a way that is wilfully destructive or negligent and damage is then incurred to a person, venue, property or business, they are alone liable for their actions. Should a third party wish to take legal action as a result of a participants conduct that is wilfully destructive or negligent, Spiderflower holds no liability in these cases. If actions are damaging to Spiderflower in anyway, Spiderflower may also consider legal action.

 

9.2.  We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

10.  VENUE

 

Participants and collaborators are to read health and safety guidance, and observe the boundaries and requirements of our venue. These will be made clear at a first meet prior to starting.​​

11. BREACHES OF THESE TERMS + CONDITIONS

11.1.  You hereby indemnify Rowan Jacqueline Beckett / Spiderflower, and undertake to keep her indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by her to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a) any breach by you of any provision of these Terms of Use; or

(b) any infringement by you of our intellectual property right in the Content or the Site; or

(b) your use of the Site.

11.2.  Without prejudice to Rowan Jacqueline Beckett's / Spiderflower's other rights under these Terms of Use, if you breach these Terms of Use, or if there is reasonable suspicion that you have breached these Terms of Use in any way, Rowan Jacqueline Beckett / Spiderflower may:

(a) send you one formal warning;

(b) temporarily suspend your access to the Site;

(c) suspend or delete your membership on the Site;

(d) permanently prohibit you from accessing the Site;

(e) administer fees as described in section 10;

(f) commence legal action against you.

12. AMENDMENTS

We reserve the right to amend or modify these Terms of Use from time to time. Public notification will be sent out with immediate effect when this is the case. The revised Terms of Use will apply from the date of their publication on the Site and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the Terms of Use. It is your responsibility to check the Site for updated Terms of Use from time to time to verify such variations. 

13.  GOVERNING LAW

These Terms of Use  will be construed in accordance with and governed by the laws of England and Wales. Any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.  GENERAL PROVISIONS

14.1. The clauses, paragraphs, and subparagraphs contained in these Terms of Use are intended to be read and construed independently of each other. If any part of these Terms of Use are held to be invalid, this invalidity will not affect the operation of any other part of these Terms of Use.

14.2.  Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

14.3.  The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

14.4.  We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be.  Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

14.5.  We may suspend or terminate access or operation of the Site at any time as we see fit. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.

14.6.  Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at PRIVACY POLICY, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

 

14.7.  You are liable for all costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by us in respect of enforcing these Terms of Use as a result of any default or breach by you of these Terms of Use.

14.8.  You acknowledge that these Terms of Use are reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of these Terms of Use to be too broad to be enforceable, both parties agree that such provision shall be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable, bearing in mind that it is the intention of the recipient to give to us the broadest possible protection against disclosure of the confidential information.

14.9.  No failure or delay by us in exercising any power, right or privilege provided in these Terms of Use will operate as a waiver, nor will any single or partial exercise of such rights, powers or privileges preclude any further exercise of them or the exercise of any other right, power or privilege provided in these Terms of Use.

14.10. These Terms of Use constitute the entire agreement between parties and there are no further items or provisions, either oral or otherwise.

 

Updated: 2nd August, 2022.

Updated:  19th April, 2021.

Updated: 22nd Sept, 2020

Updated: 23rd Jan, 2018.

Updated: 16th March, 2016.

Originally posted: 21st June, 2012.

Office:  Spiderflower, The Flat, 15 Meneage Street, Helston, Cornwall. TR13 8AA.

Telephone: +44 (0) 7967 430303

Email: contact(at)spiderflower.org

Registered Trademark: UK00003466287  |  EU018287268