Terms & Conditions

(1) Definitions

In these terms and conditions, ‘we’ and ‘us’ mean: Out of the Ark Limited, Units F1 & F2, Kingsway Business Park, Oldfield Road, Hampton, Middx, TW12 2HD, UK, a company registered in England. Out of the Ark Limited is part of Out of the Ark Group Limited. 

Out of the Ark Limited trades as Out of the Ark Music; Out of the Ark; outoftheark.com; Song Calendar; songcalendar.co.uk; Words on Screen™;  S!ngchronize™; and Singchronize®.  'You’ means the person or organisation that purchases or receives goods, downloads, licences or services from us.

 

(2) General Terms & Conditions of Purchase

 

(3) Returns Policy

We want you to be delighted every time you purchase from us. Occasionally though, we know you may need to return items. If you want to return items to us for any reason, please contact our Customer Service department in the first instance, who will be able to talk you through our returns policy. For online (non-physical) products including song downloads, Words on Screen™ eSongbooks or Instant Access PDFs & MP3s, please see Section 7.1 & 7.2 below.

 

(4) Payment Options

Payments made at the time of ordering can be made by debit or credit card securely on our website or by telephoning our Customer Service department. Where an invoice or pro-forma invoice has been issued, or you are sending payment with order, we accept payments by:


BACS - Send payment to: Account Number 00044040, Sort Code 20-90-56, using your Customer Code and/or Invoice Number as the reference. For international payments, you can pay via credit or debit card, as well as BACS transfers: IBAN - GB98 BUKB 2090 5600 0440 40; SWIFTBIC - BUKBGB22.


Cheques - Denominated in Pounds Sterling ONLY made payable to 'Out of the Ark Music’ and sent to: Out of the Ark Music, Units F1 & F2 Kingsway Business Park, Oldfield Road, Hampton, Middlesex, TW12 2HD, UK. Please quote your Customer Code and/or Invoice Number on the back of the cheque.


If you are based in the European Union (EU) VAT area, and have an EU VAT number for VAT exemption, please submit it to us for approval using the EU VAT Status page in ‘My Account’. Having submitted an EU VAT number, please wait until you receive an e-mail from us confirming that it has been approved, before placing your order. VAT will be charged on purchases that you make prior to this approval, and cannot be refunded by Out of the Ark Music.



(5) Photocopying, Projecting & Reproduction

You are free to use all of the material - including songs and scripts - in the classroom for teaching purposes.

Photocopying of the published material is permitted under schools' copying licences issued by PMLL, CLA and CCLI.

UK state schools should report when requested any:

  - copying of the lyrics and music on their Schools Printed Music Licence (SPML) returns
  - copying of the script, teachers' notes & staging instructions on their Copyright Licensing Agency (CLA) returns 

Schools that do not have a CLA or SPML licence may under the terms of an Out of the Ark Music Annual Performance Licence or Annual Digital Site Licence:

Important: If the songs are used in a school assembly then photocopying, printing, displaying or projecting the lyrics or music score are covered by the school's CWCL and CWMRL licences issued by CCLI.  Usage of the songs should be logged and reported as required by CCLI.



(6) Performances and Adaptations

Further information regarding Reproduction, Performance and Licensing can be obtained from the Copyright & Licences section of our website.


(7) Additional Terms & Conditions For The Purchase & Supply Of Software


Disclaimer
Any software (including software supplied on physical media as well as downloadable Words on Screen™ single songs, downloadable Words on Screen™ eSongbooks, Words on Screen™/Singchronize® song players, streaming software and any other software) is delivered to you 'as is'.
 

We do not guarantee that our software, or our online or download services will always be secure or free from bugs, viruses, errors and omissions.


We do not warrant the performance of the software or the results you may obtain by using it including satisfactory installation, satisfactory integration, satisfactory quality, or fitness for any particular purpose.


In no event will we or our suppliers be liable to you for any damages, claims or costs whatsoever, including any consequential, indirect, incidental damages, or any loss of profits or savings.


In choosing to use or download this software, or to use the online or download services, you accept that you are doing so at your own risk.


If you are using computer equipment or a network that does not belong to you then you must ensure that you have the appropriate permission from the equipment and network owner(s) or operator(s) to:

 You must ensure that the owners/operators are made aware of this disclaimer.


This disclaimer shall survive the termination of this agreement but shall not imply or create any continued right to use the software after termination of this agreement.


Binding agreement
By purchasing, downloading, using or installing all (or any portion of) any Words on Screen™ single songs, eSongbooks, or Words on Screen™/Singchronize® song player software, whether supplied online or on physical media, you accept all the terms and conditions of this agreement (including the obligation to hold an appropriate licence - see below).


Upon acceptance, this agreement is enforceable against you and any person or organisation that obtained the software and on whose behalf it is used. If you do not agree you must not purchase, download, install or use the software.


We permit you to use the software only in accordance with the terms of this agreement. We reserve the right to amend or to add to the terms of this agreement from time to time. You should refer to the terms of this agreement periodically to ensure that you comply with the revised terms. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.


Definitions
“Compatible device” means a device that conforms to the system requirements of the software as specified in the documentation.


“Software” means all of the contents of the files delivered electronically or on physical media.


“Use” means to access, install, download, play, or otherwise benefit from using the software.


Software Licence
By purchasing or otherwise obtaining our software including songs, and subject to your compliance with the terms of this agreement, we grant to you a non-exclusive 'single user licence' to use the software, in all cases solely for the installation and use of the unmodified software on an authorised operating system, in the manner and for the purposes described in the documentation as follows:


This licence does not grant you the right to copy or distribute the software.


Obligations and Restrictions
With the exception of your use of the software on a compatible device that runs an authorised operating system, you must not use the software on other devices.  (Streaming rights are permitted on other devices - in the case of an eSongbook the streaming rights are granted free for a 12 month period.)


You must not use the software with any application or device that circumvents technological measures for the protection of the content.


You must not alter or remove any copyright or other proprietary notice that appears on or in the software.


You must not modify, adapt, translate or create derivative works based upon the software. You must not reverse engineer, disassemble, or otherwise attempt to discover the source code of the software.


Transfer
You may not rent, lease, sublicense, assign, or transfer your rights in the software, or authorise all or any portion of the software to be copied onto another user’s device except as may be expressly permitted by this agreement.


Intellectual Property Ownership, Reservation of Rights
The software (including its structure and code) and any installed copies that you make are the intellectual property of Out of the Ark Limited and its suppliers.


The software is protected by law, including without limitation the copyright laws of England, of other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the software and all rights not expressly granted are reserved by Out of the Ark Limited and its suppliers.


Connectivity and Privacy
You acknowledge and agree to the following:


Updating. If your device is connected to the internet, the software may, without additional notice, check for updates that are available for automatic download and installation to your device.


Updates to the software may be licensed to you by Out of the Ark Limited with additional or different terms.
 

Settings. The software may save certain user settings by storing them on your device as a local object.


Content Protection. The software accesses content that has been protected. In order to let you play the protected content the software may automatically request media usage rights and customisation instructions from the internet, and may download and install required components of the software.


Indemnity. You agree to hold us harmless from any and all liabilities, losses, actions, damages, or claims including all reasonable expenses arising out of any use of the software or the provision of related services.


(7.1) Purchase of Words on Screen Downloadable Songs (including streamed songs)

System Requirements for Words on Screen™ single songs, Words on Screen™ eSongbooks and Singchronize® Song Players


You are responsible for ensuring that your system meets the following minimum technical standards before downloading, installing or running single songs, eSongbooks and Singchronize® Song Players. Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.
 

Windows

Mac OS

We recommend that your system uses the most up-to-date version of Flash Player and Adobe Reader.  The Singchronize® Player requires 24MB of storage space on your computer, plus additional space for your library of songs.

Mobile Devices


(7.1.1) The Licence Holder's Rights for eSongbook Purchases - Where a 'Single User Licence' is Held 

In granting the following rights, no other rights are deemed to have been granted.


(A) For Establishments

Where the licence holder is an establishment (eg a school, a church or a nursery) the licence grants the holder the following rights for eSongbooks that have been purchased:

Note that rights (i) – (iii) below are ONLY applicable to usage on the premises of the purchasing establishment that holds the licence.

Downloading 
   (i) To download the eSongbook and song files from Out of the Ark’s website to one computer (NOT the network server*) belonging to the purchasing establishment that holds the licence.
   (ii) To run the eSongbook and song files using a Singchronize Player installed on the hard drive of the same computer on which the files have been downloaded.
   (iii) To print one master copy of the lyrics, the music score, the script (where supplied) and the teaching ideas.  Additional copies may be printed or photocopied from the master copy but these activities must be logged on the school's photocopying licence return or equivalent.

Streaming
   (iv) To stream the eSongbook and song files from Out of the Ark’s website using a web browser on any device for a period of 12 months from the point of purchase.


(B) For Individuals

Where the licence holder is an individual (eg a teacher or education advisor) the licence grants the holder the following rights for eSongbooks that have been purchased:

Downloading
   (i) To download the eSongbook and song files from Out of the Ark’s website to one computer (NOT the network server*) belonging to the licence holder, or on one computer at the normal workplace of the licence holder.
   (ii) To run the eSongbook and song files using a Singchronize Player installed on the hard drive of the same computer on which the files have been downloaded.
   (iii) To print one master copy of the lyrics, the music score, the script (where supplied) and the teaching ideas. .

Streaming
   (iv) To stream the eSongbook and song files from Out of the Ark’s website using a web browser on any device for a period of 12 months from the point of purchase.

* Permission to install or use this product on a network server can be obtained by purchasing an Out of the Ark Performance Licence or Digital Site Licence that covers this product (see below).


(7.1.2) The Licence Holder's Rights for eSongbook Purchases - Where an 'Annual Digital Site Licence' is Held

In granting the following rights, no other rights are deemed to have been granted.

Where the licence holder is an establishment (eg a school, a church or a nursery) the licence grants the holder the following rights for eSongbooks that have been purchased:

Use of Downloaded Words on Screenv2Songs
   (i) Downloading song files to more than one computer / device belonging to the establishment
   (ii) Downloading song files to the establishment’s network for access via any device belonging to the establishment
   (iii) Downloading song files to a teacher’s home computer or mobile device for preparation purposes only
   (iv) Displaying the song lyrics during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of Streamed Words on Screen™v2Songs
   (v) Streaming the songs beyond the initial free period on multiple devices belonging to the establishment
   (vi) Streaming the songs on a teacher’s home computer or mobile device for preparation purposes only
   (vii) Displaying the song lyrics during concerts or performances - for best results we recommend downloading song files
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence


Use of MP3s
   (viii) Burning copies of MP3s onto CD for on-site use (limit 3 copies)
   (ix) Saving MP3s to devices belonging to the establishment
   (x) Saving MP3s to the establishment’s network for access via any device belonging to the establishment
   (xi) Copying MP3s to the establishment’s computer music library (eg iTunes)
   (xii) Saving MP3s onto a teacher’s own computer at home for preparation purposes only
   (xiii) Using MP3s on teacher’s personal / mobile devices at home for preparation purposes only
   (xiv) Playing MP3s (songs or backing tracks) during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of PDFs
   PDFs may be used for all teaching purposes
   Printing and photocopying the music score or lyrics is covered by the school’s SPML licence (or overseas equivalent)
   Printing and photocopying other parts of the songbooks are covered by the school’s CLA licence (or overseas equivalent)
   Printing and photocopying the lyrics for use in assemblies or church are covered by CCLI licences
   Printing and copying should be logged and reported as required by each of the licence issuers
Schools that do not have SPML, CLA or CCLI licences may print or photocopy up to two copies of the music score for performance or learning purposes under the terms of this Digital site Licence

School’s Intranet / Restricted Internet / Learning Platform
   (xv) Installation and uploading of audio files and Words on Screen™v2files / PDFs for use in school
   (xvi) Installation and uploading of audio files and Words on Screen™v2files for use in performance
   (xvii) Uploading of audio or video files of children performing songs
 
Public Websites (including school’s website, YouTube, Facebook, Vimeo, SoundCloud etc)
   (xviii) Uploading of audio or video files of children performing songs (Out of the Ark must be credited, plus inbound link to outoftheark.com must be provided). 
Please note that Out of the Ark’s original recordings may not be posted to public websites except as an accompaniment to the children singing. 

 


(7.1.3) The Licence Holder's Rights - Single Song Purchases Only

In granting the following rights, no other rights are deemed to have been granted.


Where the licence holder is a school, church or nursery:


The licence grants the holder the following rights for single songs that have been purchased:


Where the licence holder is an individual:


The licence grants the holder the following rights for single songs that have been purchased:


(7.1.4) The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact Out of the Ark Music directly.


(7.1.5) Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

(7.1.6) Licence Issuer's Rights

We reserve the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.


 

(7.2) Other Digital Downloads including Instant Access PDF & MP3 Add-on Packs

 

(8) Out of the Ark CD ROM Products


System Requirements

You are responsible for ensuring that your system meets the following minimum technical standards before installing or running the following CD ROM Products:
 

(a) Words on Screen™v2 CD ROMs (incorporating the Singchronize® Player):

Windows

Mac OS

We recommend that your system uses the most up-to-date version of Flash Player and Adobe Reader.  The Singchronize® Player requires 24MB of storage space on your computer, plus additional space for your library of songs.


(b) Words on Screen™ Original CD ROMs:

Windows

Mac OS

Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.

The use of these products is strictly regulated under the terms of the Single User Licence issued at the time of purchase. The original licence document should be retained for inspection as the products may not be used without a valid licence. The terms of the licence are listed below.


The Licence Holders Rights - For The 'Single User Licence' Only

In granting the following rights, no other rights are deemed to have been granted.

Where the licence holder is a school, church or nursery the Single User Licence grants the holder the following rights:

Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Where the licence holder is an individual:

The Licence Holder's Rights - For Annual Digital Site Licences only

In granting the following rights, no other rights are deemed to have been granted. Where the licence holder is a school, church or nursery the Annual Digital Site Licence grants the holder the following rights:

Prinicpal Rights
   (i) To run the program contained on the CD ROM directly from the disc ONLY whilst on the premises of the purchasing establishment that holds the licence (or on a teacher’s home computer for preparation purposes only).
   (ii) To install the software on network servers and/or any computer belonging to and located on the premises of the purchasing establishment that holds the licence.
   (iii) To run the program directly from the hard drive of those computers on which the software has been installed, ONLY whilst on the premises of the purchasing establishment that holds the licence (or on a teacher’s home computer for preparation purposes only).
   (iv) Displaying the song lyrics during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of MP3s
   (v) Burning copies of MP3s onto CD for on-site use (limit 3 copies)
   (vi) Saving MP3s to devices belonging to the establishment
   (vii) Saving MP3s to the establishment’s network for access via any device belonging to the establishment
   (viii) Copying MP3s to the establishment’s computer music library (eg iTunes)
   (ix) Saving MP3s onto a teacher’s own computer at home for preparation purposes only
   (x) Using MP3s on teacher’s personal / mobile devices at home for preparation purposes only
   (xi) Playing MP3s (songs or backing tracks) during concerts / performances
Please note that the playing of the audio files (songs or backing tracks) during public performances requires a PRS Licence

Use of PDFs
   PDFs may be used for all teaching purposes
   Printing and photocopying the music score or lyrics is covered by the school’s SPML licence (or overseas equivalent)
   Printing and photocopying other parts of the songbooks are covered by the school’s CLA licence (or overseas equivalent)
   Printing and photocopying the lyrics for use in assemblies or church are covered by CCLI licences
   Printing and copying should be logged and reported as required by each of the licence issuers
Schools that do not have SPML, CLA or CCLI licences may print or photocopy up to two copies of the music score for performance or learning purposes under the terms of this Digital site Licence

School’s Intranet / Restricted Internet / Learning Platform
   (xii) Installation and uploading of audio files and Words On Screen™Original or Words on Screen™v2files / PDFs for use in school
   (xiii) Installation and uploading of audio files and Words On Screen™Original or Words on Screen™v2files for use in performance
   (xiv) Uploading of audio or video files of children performing songs
 
Public Websites (including school’s website, YouTube, Facebook, Vimeo, SoundCloud etc)
   (xv) Uploading of audio or video files of children performing songs (Out of the Ark must be credited, plus inbound link to outoftheark.com must be provided). 
Please note that Out of the Ark’s original recordings may not be posted to public websites except as an accompaniment to the children singing. 

The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact Out of the Ark Music directly.


Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

Licence Issuer's Rights

Out of the Ark Music reserves the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.


(9) Data Protection

Your trust is important to us and we at Out of the Ark Msic take your privacy very seriously. We treat information provided by you with the utmost care and take appropriate steps to protect your data. Please see our Privacy Policy  for more details.


(10) Scope of This Agreement

This is the entire agreement between Out of the Ark and you relating to the goods, downloads, licences or services and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the goods, downloads, licences or services.


If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.


Out of the Ark Music
Kingsway Business Park, Oldfield Road,
Hampton, Middlesex TW12 2HD

 

Out of the Ark Ltd. Registered Office: 40 Oxford Road, Worthing,
West Sussex, BN11 1UT, UK

(please do not mail to this address).
Registered in England Company Number 4399498.


 
 

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