Last revised on 5th February 2017
These user terms and conditions ("Terms and Conditions") may be updated by us from time to time without notice to you. We will post any revisions to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
This website is operated by Small Publishing Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Small Publishing Ltd. Small Publishing Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By browsing and using www.ActivityVillage.co.uk (the 'Website'), which shall include the placing of orders in our shop for digital downloads and access to the membership pages of the Website, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between you and Small Publishing Ltd.
Your use of the Website after any revisions have been made constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is your responsibility to check this page regularly to determine if there have been changes to these Terms and Conditions and to consider such changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
1. Who we are
Activity Village, also known as www.ActivityVillage.co.uk and ActivityVillage.co.uk or any variation thereof, is a part-free part-membership Website owned by Small Publishing Ltd. Small Publishing Ltd is registered in England and Wales under company no. 5745504. The terms Activity Village, "we" and "us", shall mean Small Publishing Ltd, the owner of this Website. The terms "you", "yourself" and "your" refers to the users or viewers of this Website.
2. The services
Activity Village is a provider of free crafts, games, information and activity resources, otherwise called "the Free Content", distributed through the Website and available to all visitors.
Activity Village provides member-only resources upon payment of an annual fee as specified on the Website whereby printable resources denoted as "Members" may be accessed, otherwise called "Activity Village Membership" or "Individual Membership" or "Membership" and distributed through the Website.
Activity Village provides certain premium resources as digital downloads, otherwise called "Shop Content", available upon payment of a one-time fee and distributed through the Activity Village Shop which is hosted on Shopify Inc. Shopify Inc provides us with the online e-commerce platform that allows us to sell our products and services to you.
We reserve the right to change pricing and/or availability in respect of any of the services or products noted under point 2 for any reason and without notice.
Activity Village is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services or products in point 2. You are strongly advised to visit our Help Desk and read our supporting articles.
You agree to indemnify, defend and hold Small Publishing Ltd and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Free Content, our Website, Activity Village Membership and Shop Content. This indemnity includes both any liability to third parties, and other costs and losses incurred by Twinkl Limited.
4. International use
The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world have access to the Website. However if you are resident in a country outside of the United Kingdom you use the Website at your own risk.
If you object to anything on the Website, please let us know by contacting us via our Help Desk, with as much detail as possible. We will take whatever action we deem appropriate (including no action).
Activity Village will correct content where mistakes are found, but we have no obligation to update any information on the Website.
Activity Village does not guarantee the accuracy of any content provided, and it is for you to verify and be satisfied with the pages you visit and the resources you download.
Activity Village provides an information service and you accept that we take no responsibility for the way you use the information you download.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
6. General practices regarding usage and modification of services
You acknowledge that Activity Village reserves the right to de-activate accounts that are inactive for an extended period of time.
You acknowledge that Activity Village reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Activity Village reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services in part 2 above (or any part thereof) with or without notice.
You agree that Activity Village shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services in part 2 above.
You agree that Activity Village in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or any of the services in part 2 above or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information), and may remove and discard any content within these services, for any reason, including, without limitation, for lack of use or if Small Publishing Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Small Publishing Ltd's only remedy and we may take any other action we deem appropriate in connection with such breach.
The Free Content on the Website is supported by advertising provided through third party advertising agencies. Your dealings with advertisers, merchants and any other third party found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
To the fullest extent permitted by applicable law, you agree that: (a) Small Publishing Ltd shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
9. Links to other websites or resources
Where links are provided to other websites or resources, Activity Village has no control over these sites and resources. As such you acknowledge and agree that Activity Village is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You acknowledge and agree that Small Publishing Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Use of Activity Village materials
All activities, articles, information, printable resources, illustrations and photographs and other materials presented on the Website are subject to copyright and/or licensed to Small Publishing Ltd. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Small Publishing Ltd's written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof could result in legal proceedings being issued against you.
You acknowledge that all materials you download remain the property of Small Publishing Ltd in perpetuity.
You expressly acknowledge and agree that:
- The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
- Your use of the Website and all services in point 2 above are at your sole risk. Activity Village has made every effort to ensure that the content on the Website is accurate and up-to-date and correct at the time of publication. However, the Website is provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the content provided on the Website or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Activity Village for any errors, omissions or inaccurate information on the Website.
Neither Activity Village nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Activity Village endorses the website(s) and Activity Village has no responsibility for the content of the linked website(s).
Activity Village is not responsible for how the content on the Website is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Any material downloaded or otherwise obtained is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Activity Village shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
Prices for our products are subject to change without notice.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
12. Availability of the Website
We do not guarantee that the Website will operate continuously without interruptions or be error free and Activity Village therefore accepts no liability for its unavailability.
You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
13. Limitations of liability
Small Publishing Ltd's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any service shall be limited to the greater of: (a) £150 and (b) the price paid by you to Small Publishing Ltd under any contract during the 3 months preceding the event giving rise to the claim.
You expressly acknowledge and agree that Small Publishing Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Small Publishing Ltd has been advised of the possibility of such damage.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Small Publishing Ltd.
In no case shall Small Publishing Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Events outside our control
Small Publishing Ltd will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Viruses and cyber attacks.
- Power or other failure affecting any part of our servers, premises or any other part of our service
Small Publishing Ltd's performance under any Terms and Conditions or any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
15. Activity Village Membership
Activity Village makes available Activity Village Membership by way of a time-limited account on the Website provided to you upon payment of a fee as specified from time to time on the Website.
On the purchase of Individual Membership we will provide you with a designated user account, for which you will provide a password. You are responsible for maintaining the confidentiality of the account, and are fully responsible for all activities that occur in your account. You agree to (a) immediately notify Activity Village of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session if you share access to a computer or device. Activity Village cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Your account is strictly for your use only and you may not share your username and password or use your account to download and print for anyone else and in volume.
Your account is subject to an acceptable use policy, and user accounts are monitored. Accounts that are found to be downloading excessive resources are subject to review.
In accordance with our Copyright Terms, you will not redistribute any resources downloaded through Activity Village Membership and you understand that any resources you download from the Website are for your use only.
You have explicitly read and agree to abide by the Activity Village Copyright terms.
You agree that a breach of any of the general Terms and Conditions will lead to your Activity Village Membership being immediately suspended. It is at Activity Village's absolute discretion as to whether your account will be reinstated.
You understand and agree that we will monitor your usage of the Website to allow us to determine whether a violation has, or is, occurring.
You understand and agree that once you download any items from the Website you lose your right to cancel Membership.
You agree that your Membership period starts when your payment is received, not when you first access the Membership Website.
Due to the electronic nature of the services provided (and as all Membership content is available to view freely before you purchase a Membership) you understand and agree that we are unable to offer refunds under any circumstance.
For your safety, credit/debit card details are not stored nor shared with third parties.
You acknowledge that all content remains the property of Small Publishing Ltd at all times.
17. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
18. Intellectual property
The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Small Publishing Ltd or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Small Publishing Ltd.
20. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.