Conditions of Use

How the Deep Time Walk concept can be used in different settings

If you are using the Deep Time Walk in a commercial setting, in simple terms, we ask that you pay 10% fees to the Deep Time Walk NGO (for more information, read the terms below). As a not-for-profit, we kindly ask that you adhere to the following usage terms. We are grateful for your support to abide by these conditions in order to nurture a reciprocal Deep Time Walk community that is in service to life.

Deep Time Walk C.I.C. (“DTW CIC”)

Terms of Use and License Agreement (“Terms of Use”)

(Effective date of 27 September 2023.)

The Deep Time Walk® website operated by DTW CIC provides registered users with access to the Deep Time Walk and associated content, training programmes (online, offline and blended learning, including but not limited to Bedrock, Earth Stations and Holding Space), directory of facilitators, online webinars and events, global Deep Time Walk listings, products and / or services, including the Deep Time Walk App (available for iOS and Android), Deep Time Cards, Deep Time Line and Deep Time Script (the “Deep Time Walk Materials”).

Please read these Terms of Use carefully before using the Deep Time Walk website and / or the Deep Time Walk Materials. By using the Deep Time Walk Materials offered by DTW CIC through the website, you are agreeing to be bound by these Terms of Use.

1. Terms Applicable to the Deep Time Walks Materials and Website

To access and / or use the Deep Time Walk Materials, you must have a valid registered account with DTW CIC. Your access to and use of Deep Time Walk Materials and website is subject to these Terms of Use.

Some Deep Time Walk Materials may have additional terms, license agreements, privacy terms, export terms, or other terms and conditions (“Additional Terms”) that apply to your access to or use of the applicable Deep Time Walk Materials. In the event of a conflict, inconsistency, or difference between these Terms of Use and the Additional Terms, the Additional Terms will control.

DTW CIC may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted as per the date specified above. Your continued use of the Deep Time Walk Materials and / or website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Deep Time Walk Materials and website.

2. Ownership of Intellectual Property Rights in the Deep Time Walk Materials and Attribution

 2.1 DTW CIC is the exclusive owner of all Deep Time Walk Materials which is protected by international intellectual property laws and associated laws and regulations.

2.2 You may not extract and/or re-utilise parts of any Deep Time Walk Materials without DTW CIC’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Deep Time Walk Materials, without DTW CIC’s express written consent. You may also not create and/or publish your own database that features substantial parts of any Deep Time Walk Materials without DTW CIC’s express written consent.

2.3 The trademarks, logos, trade names, trade dress and service marks (“Marks”) displayed on the Deep Time Walk Materials and / or website are the property of DTW CIC. You are not permitted to use these Marks without the prior written consent of DTW CIC. You may not add your company/organisation logo to the Deep Time Walk Materials or logo/icons nor claim a partnership with the project, except with prior permission in writing from the DTW CIC.

2.4 DTW CIC owns the copyright and related intellectual property rights in Deep Time Materials and makes it available to you for the purposes described in these Terms of Use. You may not reproduce, modify, sell, translate, distribute, or create derivative works based on the Deep Time Walk Materials unless you have been specifically authorized to do so by DTW CIC. DTW CIC respects the intellectual property of others.

2.5 All rights not expressly granted to you in these Terms of Use are reserved and retained by DTW CIC. No Deep Time Walk Materials, may be reproduced, duplicated, copied, sold, resold, visited, translated or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of DTW CIC without DTW CIC’s express written consent. You may not use any meta tags or any other hidden text utilising DTW CIC’s names or trademarks without DTW CIC’s express written consent.

2.6 You may not misuse the Deep Time Walk Materials and / or website. You may use the Deep Time Walk Materials only as permitted by law. The licences granted by DTW CIC terminate if you do not comply with these Terms of Use.

2.7 For any use of the Deep Time Walk Materials, including for any walk using such materials, you must ensure that the following copyright and attribution notice appears on all Deep Time Walk Materials (whether in digital or physical form):

Copyright © 2007 – 2023 Deep Time Walk CIC. All rights reserved. www.deeptimewalk.org

All Deep Time Walk Materials and associated information contained herein is, and remains the property of Deep Time Walk CIC and are proprietary to Deep Time Walk CIC and are protected by copyright laws and intellectual property laws.  Any dissemination, reproduction or use of the Deep Time Walk Materials or associated information is strictly forbidden unless prior written permission is obtained from Deep Time Walk CIC. All use of the Deep Time Walk Materials is subject to the specific terms of the written license grant from Deep Time Walk CIC hereunder or by separate written agreement.

You must provide a website link to www.deeptimewalk.org on any instructional, educational or marketing materials produced – whether in digital or physical form.

3. Recommendations and Personalization

During your use of the Deep Time Walk Materials and / or website, DTW CIC may recommend features, products, and services, which may be of interest to you, identify your preferences, and personalise your experience.

4. Electronic Communications

In the course of using the Deep Time Walk Materials or any service provided through the website, DTW CIC may communicate with you electronically in a variety of ways (e.g., e-mail, text, in-app push notices or by posting e-mail messages or communications on the Deep Time Walk website). For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

5. Limited Licence, License Fees and Access

5.1 For the purpose of this provision, the following definitions apply:

“Volunteer Facilitator” means an individual or legal entity who uses the Deep Time Walk Materials to provide workshops and / or lead walks on a voluntary basis and who does not receive any financial remuneration for the delivery of such services using the Deep Time Walk Materials, for example, where the Deep Time Walk is free of charge to participants and led by unpaid volunteers. “Volunteer Facilitator” expressly includes the use of the Deep Time Walk Materials by teachers at secondary schools only (and no license fee is payable for such use) but expressly excludes third level-education institutes such as universities.

“Independent Professional Facilitator” means an individual or legal entity who uses Deep Time Walk Materials to provide workshops and / or lead walks in consideration for financial remuneration. For the avoidance of doubt, broader events, conferences, or educational courses that incorporate a Deep Time Walk must abide by these terms.

“Organizational Facilitator” means any individual employed by an organisation (whether commercial or non-commercial) who uses Deep Time Walk Materials to provide workshops and / or lead walks to such organization. Such facilitators must have been trained using the Deep Time Walk certified training course. Organizational Facilitators exclude individuals who are engaged under an independent contract to provide services to the organisation and not under a contract of employment. Such individuals fall instead under the definition of an Independent Professional Facilitator.

“Facilitator(s)” means Volunteer Facilitator(s), Independent Professional Facilitator(s) and Organizational Facilitator(s).

5.2 DTW CIC provides the following license grants:

a) Volunteer Facilitator – Subject to Volunteer Facilitator’s compliance with these Terms of Use, DTW CIC grants the Volunteer Facilitator a royalty-free, limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Deep Time Walk Materials solely for the purpose of planning and delivering a Deep Time Walk.

b) Independent Professional Facilitator – Subject to Independent Professional Facilitator’s compliance with these Terms of Use, DTW CIC grants the Independent Facilitator a royalty-bearing, limited, non-exclusive, non-transferable, non-sublicensable licence to access and make commercial use of the Deep Time Walk Materials solely for the purpose of planning and delivering a Deep Time Walk.

c) Organizational Facilitator – Subject to Organizational Facilitator’s compliance with these Terms of Use, DTW CIC grants the Independent Facilitator a royalty-bearing, limited, non-exclusive, non-transferable, non-sublicensable licence to access and make commercial use of the Deep Time Walk Materials solely for the purpose of planning and delivering the Deep Time Walk, provided that such commercial use is limited to use for employees within the specific organization which employs the Organizational Facilitator.

5.3 Any use of the Deep Time Walk Materials for training purposes is expressly prohibited without the written authorisation from DTW CIC, which shall be subject to the terms and conditions of a separate Training Authorization Agreement between the licensee and DTW CIC.

5.4 The following license fees shall apply for use of the Deep Time Walk Materials:

5.5 All applicable license fees must be paid within 30 (thirty) days of receipt of the amounts specified above by the Independent Professional Facilitator or within 30 (thirty) days of the date on which a Deep Time Walk is provided by the Organizational Facilitator for the use of the Deep Time Walk Materials. All license fees described above should be paid directly to DTW CIC online via Open Collective, the third party-platform used by DTW CIC for payments or such other third-party payment platform (for license fees) designated and used by DTW CIC.

5.6 As a Community Interest Company limited by guarantee, DTW CIC’s legal requirement is that all activities of the Deep Time Walk CIC must be carried out for the benefit of the community. This means that all funds received from these conditions of use are used exclusively to further the objectives of the Deep Time Walk Project, including the planning, development and marketing of materials for the Deep Time Walk Project and to seed the idea of the Deep Time Walk further across the world – adapting it for different languages, cultures and geographies.

5.7 We welcome the opportunity for your organisation to become a trusted partner by obtaining an ongoing company-wide agreement which will help support the initiatives of the Deep Time Walk Project across the world. For more information on this, please contact us directly and we will be happy to explore this Strategic Partnership Agreement with you.

5.8 All Facilitators organising a Deep Time Walk are responsible for having their own adequate level of insurance cover, including public liability insurance to cover any such events.

5.9 All Facilitators are expected to comply with any codes of conduct adopted by Deep Time Walk CIC.

6. Your Account

6.1 You may need your own Deep Time Walk account to use certain Deep Time Walk Materials, and you may be required to be logged into the account and where required, have a valid payment method associated with it.

6.2 If you use any Deep Time Walk Materials and / or website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

6.3 You must not use any Deep Time Walk Materials and / or website: (i) in any way that causes, or is likely to cause, any Deep Time Walk Materials, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or distress.

6.4 DTW CIC reserves the right to refuse access to any Deep Time Walk Materials and / or website or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our code of conduct guidelines or our policies, which are all accessible on the website.

7. Third-party Links

The Deep Time Walk Materials and / or website may provide links to third-party websites. DTW CIC is not responsible for examining or evaluating, and DTW CIC does not warrant the offerings of, any of these businesses or individuals or the content of their websites. DTW CIC does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

8. Disclaimer of Liabilities and Limitation of Liability

ALL LIABILITY OF DTW CIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED €50 (FIFTY EUROS). THIS LIMITATION OF LIABILITY FOR DELIVERABLES IS CUMULATIVE AND NOT PER INCIDENT. NOTHING IN THE AGREEMENT SHALL LIMIT (I) THE LIABILITY OF DTW CIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO LICENSEE FOR PERSONAL INJURY OR DEATH CAUSED BY THEIR NEGLIGENCE, (II) DTW CIC’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

IN NO EVENT WILL DTW CIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE DELIVERABLES, EVEN IF, IN EACH CASE, DTW CIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) DTW CIC’S LIABILITY IN CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

DUE TO THE NATURE OF THE INTERNET, DTW CIC CANNOT GUARANTEE THAT ACCESS TO AND AVAILABILITY OF THE DEEP TIME WALK MATERIALS AND / OR WEBSITE ARE UNINTERRUPTED AND ERROR FREE. YOUR ACCESS TO THE DEEP TIME WALK MATERIALS AND / OR WEBSITE MAY ALSO BE OCCASIONALLY SUSPENDED OR RESTRICTED TO ALLOW FOR REPAIRS, MAINTENANCE, OR THE INTRODUCTION OF NEW FACILITIES OR SERVICES. WE WILL ATTEMPT TO LIMIT THE FREQUENCY AND DURATION OF ANY SUCH SUSPENSION OR RESTRICTION.

9. Applicable Law

9.1 These conditions are governed by and construed in accordance with the laws of England. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

9.2 You agree that all disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts of London, England.

10. Export Controls

You agree that you will not export, re-export, or transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organisation, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organisations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions).

11. Alterations to the Deep Time Walk Materials and Amendments to these Terms of Use

We reserve the right to make changes to any Deep Time Walk Materials and / or website, policies, terms and conditions including these Terms of Use at any time. You will be subject to the terms and conditions, policies and Terms of Use in force at the time that you use the Deep Time Walk Materials and / or website. If any of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. Waiver

If you breach these Terms of Use and we take no action, DTW CIC will still be entitled to use its rights and remedies in any other situation where you breach these Terms of Use.

13. Children

DTW CIC does not intend to provide services directly to children. If you are under 18 or under the age of majority, you may use the Deep Time Walk Materials and / or website only with the involvement of a parent or guardian.

14. DTW CIC’s Contact Details

The Deep Time Walk Materials and website are owned and / licensed and maintained by Deep Time Walk C.I.C.:

Deep Time Walk C.IC.

Address:
3 Hillbrook Road, Totnes, Devon TQ9 5AT, England
Company No.: 10157502

15. Purchase of Products Via the Deep Time Walk Online Store

Please note that the DTW CIC online store shall be subject terms and conditions of purchase and delivery of DTW CIC’s designated third-party service provider(s). Furthermore, the purchase of any Deep Time Walk products via the online store does not result in the grant of license specified herein.

FAQ

Can I make copies or scan the Deep Time Cards, Deep Time Line, Deep Time Script for educational or non-profit use?
No, these documents are released under copyright, and include images, illustrations and graphics which have specific contracts with third-party creators and artists. You may not make physical or digital copies of these resources, and they remain the copyright of Deep Time Walk CIC. You may, however, make full use of them to plan your walks and the content of the walks as long as you abide by the terms above.

My company has commissioned a practitioner to lead a Deep Time Walk. Do I also need to pay the Deep Time Walk Project?
No, if you are paying an external consultant/practitioner to lead a Deep Time Walk, the consultant or practitioner will pay the fees due to the Deep Time Walk. If however, the walk is led by some internal to your organisation, you must pay the per participant fee.

Can I buy bulk sets of the Deep Time Cards or Deep Time Line to use with participants or students?
Yes, we have discounts available for 10+ packs. Please use the Contact Us form to get in touch and we can provide you with further information.