Privacy, Cookie Policy & Terms of Service

Contents:

  1. Privacy and Cookie Policy
  2. Terms of Service


Privacy & Cookie Policy:

Spearshaker Theatre operates spearshaker.co.uk. It is Spearshaker’s policy to respect your privacy regarding any information we may collect while operating our websites.

Cookies and how they Benefit You

Our website uses cookies, as almost all websites do, to help provide you with the best experience we can. Cookies are small text files that are placed on your computer or mobile phone that help us to:

  • Make our website work as you’d expect
  • Save you having to login every time you visit the site
  • Remember your settings during and between visits
  • Offer you free services/content (thanks to advertising)
  • Improve the speed/security of the site
  • Continuously improve our website for you

We do not use cookies to:

  • Collect any personally identifiable information without your express permission
  • Collect any sensitive information without your express permission
  • Pass personally identifiable data to third parties

You can learn more about all the cookies we use below

Granting us permission to use cookies

If the settings on your browser/app are adjusted to accept cookies we take this, and your continued use of our website, to mean that you are fine with this. Should you wish to remove or not use cookies from our site you can learn how to do this below, however doing so will likely mean that our site will not work as you would expect.

More about our Cookies

Website Function Cookies

We use cookies to make our website work including:

  • Determining if you are logged in or not
  • Determining language preferences
  • Remembering your search settings
  • Allowing you to add comments to our site

There is no way to prevent these cookies being set other than to not use our site.

Third Party Cookies

Our site, like most websites, includes functionality provided by third parties. Common examples are embedded videos and links to social network sites. Our site includes the following which use cookies:

  • BBC TV Videos
  • YouTube Videos
  • Archive.org Videos
  • Facebook Like button link
  • Twitter Tweet button link
  • Google+ button link

Disabling these cookies will likely break the functions offered by these third parties.

Anonymous Visitor Statistics Cookies

We use cookies to compile anonymous visitor statistics such as how many people have visited our website, how they reached the site (e.g. from a search engine), whether they have been here before, what type of device, browser and operating system they are using, what pages they look at, how long they spend on the site etc. This helps us to continuously improve our website.

Advertising Cookies

Cookies are widely used in online advertising. Neither us, advertisers or our advertising partners can gain personally identifiable information from these cookies. We only work with advertising partners who work to accepted privacy standards such as Google and Amazon.

You can opt-out of almost all advertising cookies set by all the websites you have visited at Your Online Choices, although we would prefer that you didn’t as ultimately adverts help keep much of the internet free. It is also worth noting that opting out of advertising cookies will not mean you won’t see adverts, just simply that they won’t be tailored to you any longer.

Banner Adverts

We fund our site by showing adverts as you browse our site. These adverts are usually managed by a partner specialising in providing adverts for multiple sites. Invariably these partners place cookies to collect anonymous data about the websites you visits so they can personalise the adverts to you, ensure that you don’t see the same adverts too frequently and ultimately report to advertisers on which adverts are working. Our partners include:

  • Google
  • Amazon
Turning Cookies Off

You can switch cookies off by adjusting your browser settings to stop it from accepting cookies. Doing so however will likely limit the functionality of our and a large proportion of the world’s websites as cookies are a standard part of most modern websites. It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.

Cookies Used On This Website

Certain visitors to our website choose to interact with in ways that require us to gather potentially personally-identifying information. The amount and type of information we gather depends on the nature of the interaction. For example, visitors who sign up at spearshaker.co.uk will be asked to provide a username and email address. Those who engage in transactions are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Spearshaker collects such information only insofar as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with the site. Spearshaker does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

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Protection of Certain Personally-Identifying Information

Spearshaker discloses potentially personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on our behalf or to provide services available on our websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using our websites, you consent to the transfer of such information to them. We will not rent or sell potentially personally-identifying information to anyone other than those parties described above. We will discloses potentially personally-identifying information only in response to a subpoena, court order or other governmental request, or when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Spearshaker, third parties or the public at large. If you are a registered user of the Spearshaker website and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Spearshaker and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Spearshaker takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying information.

Business Transfers

If Spearshaker, or substantially all of its assets, were acquired, or in the unlikely event that Spearshaker goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Spearshaker may continue to use your personal information as set forth in this policy.

Privacy & Cookie Policy Changes

Although most changes are likely to be minor, Spearshaker may change its Privacy & Cookie Policy from time to time, and in Spearshaker’s sole discretion. We encourage visitors to frequently check this page for any changes to its Privacy & Cookie Policy. Your continued use of this site after any change in this Privacy & Cookie Policy will constitute your acceptance of such change.


Terms of Service:

The following terms and conditions govern all use of the Spearshaker.co.uk website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Spearshaker Theatre. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Spearshaker Theatre’s Privacy & Cookie Policy) and procedures that may be published from time to time on this Site by Spearshaker (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Spearshaker Theatre, acceptance is expressly limited to these terms.

  1. Your Spearshaker Account. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Spearshaker may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Spearshaker liability. You must immediately notify Spearshaker of any unauthorized uses of your account or any other breaches of security. Spearshaker will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts
    or omissions.
  2. Responsibility of Contributors. If you add a post of a comment to the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited
    • to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to
      further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does
      not violate the privacy or publicity rights of any third party;
    • your content is not advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other
      blogs and web sites, and similar unsolicited promotional methods;
    • your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your name or username is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Spearshaker or otherwise.

    By submitting Content to Spearshaker for inclusion on the Website, you grant Spearshaker a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, Spearshaker will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Spearshaker has the right (though not the obligation) to, in Spearshaker’s sole discretion (i) refuse or remove any content that, in Spearshaker’s reasonable opinion, violates any Spearshaker policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Spearshaker’s sole discretion. Spearshaker will have no obligation to provide
    a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.By selecting a product or service, you agree to pay Spearshaker the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
    • Automatic Renewal. Unless you notify Spearshaker before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to Spearshaker in writing.
  4. Services.
    • Fees; Payment. By signing up for a Services account you agree to pay Spearshaker the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Spearshaker reserves the right to change the payment terms and fees upon seven days prior written notice to you. Services can be cancelled by you at anytime on seven days written notice to Spearshaker.
    • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Spearshaker to respond
      within five working days) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Spearshaker.co.uk services. All support will be provided in accordance with Spearshaker standard services practices, procedures and policies.
  5. Responsibility of Website Visitors. Spearshaker has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Spearshaker does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical
    inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Spearshaker disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Spearshaker.co.uk links, and that link to Spearshaker.co.uk.
    Spearshaker does not have any control over those non-Spearshaker websites and webpages, and is not responsible for their contents or their use. By linking to a non-Spearshaker website or webpage, Spearshaker does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Spearshaker disclaims any responsibility for any harm resulting from your use of non-Spearshaker websites and webpages.
  7. Copyright Infringement and DMCA Policy. As Spearshaker asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Spearshaker.co.uk violates your copyright, you are encouraged to notify Spearshaker in accordance with Spearshaker’s Digital Millennium Copyright Act (“DMCA”) Policy. Spearshaker will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Spearshaker
    will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Spearshaker or others. In the case of such termination, Spearshaker will have no obligation to provide a refund of any amounts previously paid to Spearshaker.
  8. Intellectual Property. This Agreement does not transfer from Spearshaker to you any Spearshaker or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Spearshaker. Spearshaker, Spearshaker.co.uk, the Spearshaker logo, and all other trademarks, service marks, graphics and logos used in connection with Spearshaker.co.uk, or the Website are trademarks or registered trademarks of Spearshaker or Spearshaker’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Spearshaker or third-party trademarks.
  9. Advertisements. Spearshaker reserves the right to display advertisements alongside all posts, comments and/or other material.
  10. Changes. Spearshaker reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Spearshaker may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  11. Termination. Spearshaker may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Spearshaker.co.uk account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Spearshaker if you materially breach this Agreement and fail to cure such breach within five working days from Spearshaker’s notice to you thereof; provided that, Spearshaker can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Disclaimer of Warranties. The Website is provided “as is”. Spearshaker and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Spearshaker nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  13. Limitation of Liability. In no event will Spearshaker, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Spearshaker under this agreement during the period prior to the cause of action. Spearshaker shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Spearshaker Privacy and Cookie Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  15. Indemnification. You agree to indemnify and hold harmless Spearshaker, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  16. Miscellaneous. This Agreement constitutes the entire agreement between Spearshaker and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Spearshaker, or by the posting by Spearshaker of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the County and Crown Courts located in the United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Spearshaker may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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