CREATIVE WRITING CLASSES TERMS OF USE

Please read these Terms of Use (the “Terms”) carefully before registering for a creative writing class with Probably Tomfoolery. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them. By signing up or otherwise using any of Probably Tomfoolery services or accessing any classes, (the “Services”), or other content or material that is made available (the “Content”), you confirm that you accept these Terms.

INFORMATION ABOUT US
Probably Tomfoolery is operated by Probably Tomfoolery Ltd (“Probably Tomfoolery”), a company incorporated and registered in England and Wales, whose registered office is at 3rd Floor Colwyn Chambers, 19 York Street, Manchester, United Kingdom, M2 3BA.

OUR PURPOSE
Probably Tomfoolery provides creative writing classes (“Classes”) to secondary school ages 11 to 18 (“Participant/s”, “Minor/s”) over Zoom. Classes are free and last approximately 45 to 60 minutes. While Probably Tomfoolery strives to provide a safe and welcoming environment for its Participants, we cannot accept liability for anything others may do or say during the class. Participation in Classes is at your own risk. You agree that all of these risks are ultimately borne by you as parent or guardian of a Minor (under 18 under the laws of England and Wales) and not Probably Tomfoolery.

CHANGES TO THIS AGREEMENT
Occasionally we may make changes to these Terms for legal or regulatory reasons.

USING OUR SERVICE
All features of the Probably Tomfoolery Services and Content are the sole property of Probably Tomfoolery or its licensors. We grant you limited, non-exclusive, revocable permission to make use of the Probably Tomfoolery Services, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content. This Access shall remain in effect until and unless terminated by you or Probably Tomfoolery. You agree to use the Probably Tomfoolery Services and Content for personal, non-commercial use and that you will not redistribute or transfer the Probably Tomfoolery Services or the Content.

INDEMNIFICATION
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PROBABLY TOMFOOLERY RELATED TO CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PROBABLY TOMFOOLERY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

EHAVIOUR GUIDELINES
Please be thoughtful about how you use the Probably Tomfoolery Service and what you share. Remember that shared or publicly available information may be used and re-shared by other Participants on Probably Tomfoolery or across the web, so please use Probably Tomfoolery carefully to ensure the Classes are enjoyable for all Participants.

The following is not permitted for any reason whatsoever: copying, redistributing, reproducing, recording, transferring, or displaying to the public, broadcasting, or making available to the public any Probably Tomfoolery Content; posting any content which is offensive, abusive, defamatory, pornographic, threatening, harassing, obscene, or advocates or incites violence; violating any applicable local, state, national or international law, or any regulations having the force of law; impersonating any person or entity, or falsely state or otherwise misrepresenting your affiliation with a person or entity; posting any content which includes a password, personal data, or that of any other Participant, or an attempt to solicit such personal data; posting any malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any Participant’s access to the Service; any act which is intended to or does harass or bully other Participants; and any commercial or sales activities that are not expressly authorised by Probably Tomfoolery; or interferes with or in any way disrupts the Probably Tomfoolery Service.
You acknowledge and agree that breach of the above that violates these Terms. Probably Tomfoolery reserve the right to exclude Participants from Classes as a result of the poor behaviour or inappropriate or abusive behaviour of a parent or guardian.

DATA PROTECTION
At Probably Tomfoolery we respect the privacy of Participants. For details please see our Privacy Policy at http://probablytomfoolery.com-policy. By agreeing to these Terms, you give consent for your child to appear in Classes if they choose to use the microphone or camera feature of the virtual classroom. Probably Tomfoolery will use the information you provide to us relating to you and your Minor child, together with other information, for administrative monitoring, accounting, planning and control of future Classes. You agree and consent to our processing of the information you and your Minor child provide to us for the purposes outlined above.

Probably Tomfoolery has a policy of recording all Creative Writing Workshops. All lesson recordings remain securely on our software provider’s servers. Recordings may be shared on social media and YouTube.

INTERNET SECURITY
Probably Tomfoolery will take all reasonable steps to ensure that the Classes are used only for appropriate purposes as intended, but Minors will be held accountable for any misuse by them. It is the parents and guardian’s responsibility to ensure that they have appropriate content controls and internet security software to protect Minors from inappropriate online content.

CLASS ENVIRONMENT
Parents or guardians are responsible for ensuring that a Minor has access to an appropriate location from which to join the Classes. Probably Tomfoolery is not responsible for the home (or any other) environment. Parents must also ensure that a Minor has access to the internet and the correct technology to take part in Classes.

SERVICE LIMITATIONS AND MODIFICATIONS
Probably Tomfoolery will make reasonable efforts to keep the Probably Tomfoolery Classes operational. However, certain technical difficulties, or updates required to reflect changes in relevant laws and regulatory requirements may, from time to time, result in temporary interruptions. Probably Tomfoolery reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

GOVERNING LAW AND JURISDICTION
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

CONSENT GIVEN BY AGREEING TO THESE TERMS

  • I give permission as parent or guardian of a Minor for them to participate in recorded Probably Tomfoolery Creative Writing Classes using the ‘Zoom’ (cloud meetings) app, including permission to communicate using microphone and camera.
  • I understand that a Minor under the age of 16 should only join a Zoom meeting through a parent or home account.
  • I understand that Participants may attend classes with their (i) first name only and (ii) their camera turned on to verify their identity.
  • I understand that no photographs or videos may be taken during the Classes. Classes must not be reproduced, recorded, screenshotted, photographed or reproduced in any other way for personal or commercial purposes. Anyone suspected of reproducing the Classes will not be permitted to attend future Classes.
  • I understand that as parent or guardian, I am responsible for supervising the suitability of a Minor’s online access, communication and the ‘home’ setting. This includes ensuring Minors have a quiet, safe space from which to meet and that there are no age-inappropriate or unlicensed background noises visuals or moving images. I understand that that no adults or other Minors are permitted to partake without prior agreement. Parents or guardians are encouraged to supervise where appropriate (but not appear on screen).
  • I give permission for my Minor child to experience and access learning resources, as deemed suitable and appropriate by Probably Tomfoolery
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