Terms

Welcome to the website DYTLIVE.CO.UK. This website is operated by Nonsuch Theatre Limited (We/Us) (registered number 08821450) whose registered address is Northgate House, North Gate, Nottingham, NG7 7BQ and office address is Nonsuch Studios, 32a Clarendon Street, Nottingham, NG1 5JD.

Please read these Terms of Use carefully. In using the DYTLIVE.CO.UK website you agree to be legally bound by these Terms of Use, which take effect immediately on your first use of the website. We reserve the right to change these Terms of Use at any time and your continued use of the website following such change shall be deemed to be your acceptance of such change.

These Terms of Use are additional to and should be read in conjunction with the Privacy Policy.

Copyright & Trade Marks

The DYTLIVE.CO.UK website, its design, text, graphics, illustrations and images are (unless otherwise stated) copyright of us, our Licensors or the relevant contributor. You may not copy, reproduce, republish, download, post, broadcast, transmit, adapt or otherwise use any copyright material in any way except for your own personal non-commercial use. All brand, product and service names used in this website are (unless otherwise stated) our trade marks, trade names or service marks or belong to the parties to whom they refer. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks without our prior written permission or that of the owner of such trade marks, trade names or service marks.

Use of DYTLIVE.CO.UK

In consideration of our granting you access to the pages of this website, you agree to be bound by these terms of use.

You must not attempt to interfere with the services we provide, or try to gain unauthorised access to other sites, computers or networks connected to or via the website. In addition you will not add or remove any links to or from the website without our prior written consent.

You agree not to use the website:

  • to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the website;
  • to transmit or re-circulate any material obtained from the website to any third party except where expressly permitted by the website;
  • to transmit or re-circulate any such material for any commercial purpose unless approved in advance by us;
  • in such a way that might infringe third party rights or that might bring us or the DYTLIVE.CO.UK website into disrepute; DYT terms of use of this website_

Right to Remove and Restrict Access

We and/or the authorised administrator shall have the right to remove any content and/or refuse to allow you access to any part of the website at any time and for any reason without giving you any advance notice if we believe you have breached or may breach these terms or where relevant any information you have provided is inaccurate.

Website availability & Information on the Website

We cannot guarantee that you will have uninterrupted access to the website at all times due to certain technical matters which may be beyond our control.

The information on the website has been included in good faith for general informational purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as to its accuracy or completeness save where the information provided forms the basis of a specific contract with you.

Third Party Rights

We have made every effort to ensure that no content infringes the rights of any individual or entity. If you believe that any such material infringes any third party rights or does not comply with any legislation, please notify us by email at [here], providing full details of the infringements you believe to have occurred. If after investigating your complaint, we are satisfied that such rights are infringed, we will remove such material as soon as practical.

External Information and Links

The website may contain material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to us and for ensuring that such content complies with all relevant legislation. We accept no responsibility for the content of material submitted by third parties, including, without limitation, any error, omission or inaccuracy therein unless brought to our attention and not removed within a reasonable time.

Any links provided on the site are for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of the websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk and we encourage you to read the privacy statements and terms and conditions applicable to each specific site.

Disclaimer of Warranties and Liability

No warranties (express or implied) are made in respect of the site and the content of and your use of the same. Except in the case of death or personal injury caused by our negligence, any wilful act (where liability is unlimited), or breach of any statutory duty, we exclude all liability to you in respect of your use of the website.

We will be liable to you for any losses or damages you suffer as a result of a breach by us of these terms and conditions where those losses were reasonably foreseeable to both you and us at the date you access the website.

Whilst effort has been taken to ensure that the site is free from viruses, no warranties are given that it is free from viruses and users are responsible for ensuring that they have installed adequate virus checking software. We shall not be liable for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of the site or any hardware on which it is hosted unless such viruses has been included on the website or in any message by our negligence or by our deliberate act.

Use of the Website

If you make any offers of, or requests for spaces or opportunities you will, in addition, be subject to the then current terms of business that apply to all such offers or requests (“Terms of Business”). You will be asked to confirm your agreement to the Terms of Business prior to making any offers or requests. Please see these below.

Variations

These Terms of Use may be varied from time to time. Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted all variations if you continue to use the website after a variation has been posted. Governing Law These Terms of Use are governed by and interpreted in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the English Courts. If you do not agree with these Terms of Use please do not access and/or use the website.

This website at url: www.dytlive.co.uk is operated by Nonsuch Theatre Limited. We manage and deliver the DYT project. Our company number is 08821450 and our registered address is Northgate House, North Gate, Nottingham, NG7 7BQ and our office address is Nonsuch Studios, 32a Clarendon Street, Nottingham, NG1 5JD.

We operate this website as a resource to link users (anyone who would like to take part in creative activities, produce creative content and access free space for creative activities) with partners (providers of opportunities, sponsors, supporters and holders of spaces such as owners, landlords, tenants and other occupiers) who post details of opportunities and spaces on the website for no or extremely low cost across indoor, outdoor and virtual space.

As part of this process, we ask users and partners to provide their details to us for this purpose and to allow users and partners to browse the website and select the opportunities through which they are interested in working with DYT on.

When you take part in an opportunity or producing/submitting content you will enter into a separate agreement in the form of a licence or release form which will be directly between the user and DYT alongside any partners if necessary.

When you find a space you would like to use you will enter into a separate agreement in the form of a licence which will be directly between the user and the partner only and will not include us.

By signing up to this website as either a user or a partner, you are entering into an agreement with us, the terms and conditions of which are set out below, in relation to your activities on the website and the DYT project in general.


In relation to your use of this resource, we and you agree as follows:

1. Information

1.1 In dealing with us or with a partner if you are a user or with a user if you are a partner, you acknowledge and accept that you shall not:

a. provide to the other party or post on the website:
• inaccurate or misleading information;

  • information suggesting you own rights which you do not own;
  • material impersonating another;
  • material which is unlawful; or
  • material containing advertising.

b. misuse confidential information of a third party;
c. make any misrepresentations which may damage us or any third party;
d. infringe the rights of any third party including but not limited to intellectual property rights;


1.2 We may remove any information from the website which we believe to be false, misleading or inaccurate.

2. Content

2.1 We have taken reasonable care to ensure that the content of the website, including the information and listings, is correct. We publish such information in good faith and we do have to rely on the information we are provided.


2.2 You therefore acknowledge and accept that:
a. We cannot and have not checked the accuracy of all information provided by partners. This information may include errors; and while partners are requested and encouraged to correct and update their information regularly and as needed; accordingly we cannot be responsible for errors, omissions or misleading information in accommodation information, opportunities or briefs and listings;

b. We cannot and have not checked the accuracy of information provided by users; this information may include errors; and while users are requested and encouraged to correct and update their information regularly and as needed; accordingly we cannot be responsible for errors, omissions or misleading information in accommodation information and listings.

2.3 If you become aware of any inaccuracies, you will notify us immediately as soon as you become aware of them.


2.4 You should therefore check any important features or requirements before entering a licence, agreement or memorandum of understanding.

3. Codes of Standards

3.1 If you are a user and wish to submit content, take part in activities or apply for opportunities or briefs, you undertake to comply with the Code of Standards and Content Editorial Guidelines, the terms of which are incorporated into these terms;

3.2 If you are a user and wish to use any space, you undertake to comply with the Code of Standards for users the terms of which are incorporated into these terms. Users must ensure that any third party using the space with your permission also comply with this Code.

3.3 If you are a partner and wish to offer any opportunities or briefs to users or any space, you undertake to comply with the Code of Standards for partners the terms of which are incorporated into these terms;

4. Our Role

4.1 You acknowledge and agree that:

  • we provide the website and the information and communication service for linking users to opportunities and spaces free of charge;
  • we provide details of available opportunities and spaces and general background advice only;
  • we do not provide and we are not authorised to give specific or legal advice as to the suitability of the parties, the opportunities, the spaces or their subsequent arrangements; except for the provision of general advice to the users and partners this is the extent of our involvement;
  • we do not act as agent for any user or partner;
  • we cannot endorse or recommend any opportunity, any space, any partner or any user.


4.2 The descriptions of the spaces and opportunities are provided by the partners.

5. Licence Stage (Space Use Only)

5.1 We have provided a Draft Licence (email dyt@wearenonsuch.com for a copy) which we recommend the user and the relevant partner uses as the basis of their agreement. It is important to make the necessary additions and changes to make sure each document fits the specific space, use and other arrangements and it might be necessary for each party to obtain separate legal advice.

5.2 We are not a party to the licence relationship between the user and the partner and shall not be liable to you for the arrangements between the user and the partner once you are put in contact with each other. For the avoidance of doubt, you acknowledge and agree that we are not liable to make any payments for the use of any spaces by you or any user and any outgoings of you or any space- holder.

6. Disclaimer

6.1 As we do not give any specific advice and you are required to do your own investigations, we cannot accept liability for any actions arising from any general advice. No specific advice or recommendations are made. We cannot be responsible for particular advice unless specifically requested to in writing to the DYT team at Nonsuch and you receive an acknowledgement in writing. Otherwise, any liability will be between user and partner as set out in the licence.

6.2 We and our employees and agents cannot be liable for any damage whatsoever including direct; indirect; consequential (including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity); financial loss or special damages by you or any third party, even if we or our employees or agents have been advised of the possibility of such damages.

6.3 We shall have no liability for any personal injury to or death of you or any third party unless caused directly by a deliberate or negligent act or omission, fraudulent misrepresentation or deliberate personal repudiatory breach on our part.


6.4 We advise you to take out insurance cover for the use of the space if you are not already covered; such cover can also be obtained inexpensively at

7. Liability

7.1 Any information on the website is provided without warranty of any kind. We and our employees make no warranties, either express or implied, including the warranties of fitness for a particular use of a space to the full extent permitted by law.

8. Indemnity

8.1 You hereby indemnify us and will keep us indemnified from and against any liability, claim action, damage, costs or other loss howsoever arising that we incur or suffer as a result of any action, non-performance or omission on your part.

9. Equal Opportunities

9.1 We will not knowingly accept or offer any opportunity for which is limited by, or deal with any partner who shows, any preference, limitation or discrimination based on race, colour, religion, gender, ability, family status, national origin or who shows an intention to make any such preference, limitation or discrimination. If you are a partner, you agree that all spaces and opportunities offered are available on an equal opportunity basis.

10. Data Protection

10.1 As a condition of use of the website, you agree and consent that we may use, and share with third parties, your contact information (i.e. your name, email and physical / postal address and / or other contact details) for all purposes directly connected with your use of the Website or services.

Our use of your data is subject to current data protection legislation and in line with Nonsuch’s Data Protection Policy which can be found below.


10.2 We reserve the right to provide your details to a third party whose rights we believe you have infringed.

11. General

11.1 Our employees or agents are not authorised to make any representations concerning the services provided by us or the fitness of a space or partner or user unless confirmed by us in writing. By using the website you acknowledge that you do not rely on, and waive any claim for breach of, any such representations which are not confirmed by us in writing.

11.2 If at any time any provision of these terms is or becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, that provision shall be deleted for the purposes of that jurisdiction, so long as the commercial purpose of these terms is still capable of performance. The deletion shall not affect or impair the validity, legality or enforceability in that jurisdiction (or any other jurisdiction) of any other provision of these terms.


11.3 These terms do not exclude any remedies provided by law.

11.4 No variation to these terms shall be binding unless agreed in writing between our authorised representative and you (“writing” includes telex, email, facsimile transmission and comparable means of communication).


11.5 A person who is not a party to this agreement made between you and us has no right to enforce any term of that agreement under the Contracts (Rights of Third Parties) Act 1999 and the parties do not intend that and intend that any third party rights are created by such agreement.

11.6 These terms are governed by the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English Courts.

DYT and dytlive.co.uk are projects managed by Nonsuch (the trading name for Nonsuch Theatre Limited) and as such follows Nonsuch’s Data Protection Policy which can be viewed below.

Data Protection Policy – January 2017 (Nonsuch)

If you have any concerns about Data Protection Issues please contact Edward Boott, Artistic Director & CEO of Nonsuch via edward@wearenonsuch.com or 0115 837 1950.

Nonsuch is the trading name of Nonsuch Theatre Limited. Offices: Nonsuch Studios, 32a Clarendon Street, Nottingham, NG1 5JD. Registered Address: Northgate House, North Gate, Nottingham, NG7 7BQ.

DYT and dytlive.co.uk are projects managed by Nonsuch (the trading name for Nonsuch Theatre Limited) and as such follows Nonsuch’s Child Protection and Safeguarding Policy which can be viewed below.

Child Protection & Safeguarding Policy – January 2017 (Nonsuch)

If you have any concerns about Child Protection & Safeguarding Issues please contact Edward Boott, Artistic Director & CEO of Nonsuch via edward@wearenonsuch.com or 0115 837 1950.

Nonsuch is the trading name of Nonsuch Theatre Limited. Offices: Nonsuch Studios, 32a Clarendon Street, Nottingham, NG1 5JD. Registered Address: Northgate House, North Gate, Nottingham, NG7 7BQ.