Terms of Use

F.I.R.E DIGITAL PLATFORM TERMS OF USE

November 2015

 

1. WHO ARE WE?
1.1

This website, [www.fire-fashion.uk] (the “Website”), is owned and operated by University of the Arts London of 272 High Holborn, London WC1 7EY, United Kingdom (from now on, “We”, “Our” or “Us”).

1.2

We are a collection of six arts, design, fashion and media colleges: Camberwell College of Arts; Central Saint Martins; Chelsea College of Arts; London College of Communication; London College of Fashion; and Wimbledon College of Arts.

1.3

The purpose of the Website is to enable individuals and companies in the fashion and textile industry to connect with academic researchers and to other individuals and companies in the fashion and textile industry in order to access relevant fashion and textile content and create new partnerships for innovation.

2. WHAT ARE THESE TERMS FOR?

2.1

These terms (the “Terms”) govern the use of this Website by both users and members (together, “You” or “Your”). These Terms incorporate Our Privacy Policy http://www.fire-fashion.uk/privacy-policy/. By “members” We mean any person who has registered to become a member in accordance with paragraph 4 below. By “users”, We mean any browser or other user of this Website who has not registered to become a member.

2.2

You are required to accept the Terms completely in order to browse, access, post content or otherwise use this Website. By “content” We mean all information, data, text, software, music, sound, photographs, images, graphics, video, messages and all other material uploaded, posted, communicated or transmitted by You through the Website (including, but not limited to, any submission of content via LinkedIn) whether publicly posted or privately transmitted. If You do not accept these Terms completely, then You must not use or continue to use the Website. By accessing or continuing to access any part of the Website, You consent to be bound by these Terms as they are updated from time to time at the time of Your use.

2.3

You should check for any changes to these Terms each time You access the Website as changes will be legally binding upon You when We post them on the Website (any prior rights and obligations that may apply with respect to Your use of the Website will be superseded by the changes), whether or not We provide You any other notice of such changes. We will indicate the effective date of the currently applicable Terms at the beginning of the Terms.

2.4

We reserve the absolute right at any time to modify, suspend or discontinue the Website (or any part of it) at any time with or without notice. You agree that We shall not be liable to You or any third party for any such modification, suspension or discontinuance.

3. ACCESS TO THE WEBSITE

This Website is primarily directed at UK residents that meet the eligibility criteria in paragraph 4. If You choose to use Our Website from outside the UK, then You are responsible for Your compliance with local laws if and to the extent local laws are applicable.

4. HOW DO I BECOME A MEMBER?
4.1

Only members will be able to post content or comment on this Website. If You wish to become a member of the Website You must register using Your LinkedIn account or Your email address and accept any applicable terms of use and privacy policy in operation by LinkedIn. If You choose to register using Your LinkedIn account, You agree to information from Your LinkedIn account being used and shared with Us in accordance with LinkedIn’s terms and conditions and privacy policy.

4.2

Your use of the Website will be governed by these Terms and Our Privacy Policy http://www.fire-fashion.uk/privacy-policy/

4.3

By signing into the members’ area of the Website You confirm that You are one of the following:

4.3.1: a fashion or textile professional;

4.3.2: a representative of a support organisation for the fashion or textile industry;

4.3.3: a member or a representative of a business supplying fashion or textile products, manufacturing or other production services to fashion industry

4.3.4: a supplier of creative or innovation services related to the fashion or textile industry;

4.3.5: an academic researcher or student researcher with a background or research interest in fashion and/or textiles; or

4.3.6: any other member of the fashion or textile industry;

4.4

Any use of the members’ area of the Website by any person who does not fall into one of the above categories set out in paragraphs 4.3.1 to 4.3.6. (inclusive) shall be a breach of these Terms. We reserve the right to ask for proof of eligibility and to terminate or suspend access to the members’ area of the Website if We suspect that a user does not fall into one of the categories set out in paragraphs 4.3.1 to 4.3.6. (inclusive).

4.5

By signing into the members’ area of the Website using Your LinkedIn account You consent to content from Your LinkedIn account appearing on the Website and being used by Us as set out in these Terms.

5. YOUR USE MUST BE LAWFUL

5.1

You confirm and undertake to Us that You will not use the Website:

5.1.1

in any way that is prohibited by these Terms; or

5.1.2

for any purpose that is unlawful under any applicable law or regulation or infringes anyone other person’s rights;

5.2

You warrant, represent and undertake to Us that You are responsible for the integrity of any content You may post or provide to Us via this Website (if any) which You agree is true, complete and accurate and non-infringing of any other person’s rights to the best of Your knowledge and belief and that You will promptly update or correct any of Your content on becoming aware of any errors or inaccuracies and will provide Us with such assistance as We may reasonable require to identify and remedy any unauthorised use of Your content.

5.3

You agree that We may in Our absolute discretion at any time and without notice to You remove, cause to be removed or decline to display any content on Our Website. You further agree that We will be under no obligation to monitor or censor any content that appears on Our Website or on other websites via Our services but that We reserve the right for Ourselves to do so.

6. YOUR OBLIGATIONS

6.1

You:

(a) agree to read and abide by all notices posted on Our Website from time to time; and
(b) agree to abide by all applicable laws and regulations and that You will not create liability for Us or cause Us to lose (in whole or in part) the services of Our ISPs or other suppliers.

6.2

We use reasonable efforts to ensure that this Website is free from software viruses. However, We cannot guarantee that Your use of this Website (and the content on it) will be virus-free or available. It is Your responsibility to ensure that the computer or other device with which You may access the Website has appropriate virus screening software.

6.3

You agree that You will not:

6.3.1

use this Website to transmit any malware, spyware, viruses, worms, defects, Trojan horses, malicious or harmful code or use any items of a destructive nature, or compile or use any content for the purpose of spamming or to promote or facilitate disruptive commercial messages or advertisements;

6.3.2

attempt to gain unauthorised access to any part of the Website or any server, computer or database connected to the Website; or

6.3.3

post or distribute any defamatory, obscene messages or content which may otherwise be unlawful (including that which includes any other person’s proprietary information such as trade marks, copyrighted or confidential information or trade secrets and where You are not authorised by the owner or rights holder to post or distribute such information).

6.4

You acknowledge that any breach by You of these Terms may not only be a breach of contract but may also be a criminal offence under the Computer Misuse Act 1990 and that We may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing Your identity or IP address to them. In the event of any actual or suspected breach, Your use of this Website is to cease immediately or We may terminate it.

7. CONTENT, LICENCE AND INTELLECTUAL PROPERTY RIGHTS

7.1

Your Content: You acknowledge and agree that You are responsible for all of Your content. This means that You are entirely responsible for all content that You upload, post, or otherwise transmit via the Website.

7.2

You must only use, upload or transmit content for lawful purposes such content must not be offensive or defamatory and must not in any way infringe Our or any other person’s rights. All content must be accurate, truthful and not misleading. You must ensure You have the right to deal with the content in the manner provided by the Website and must not upload any content or otherwise deal with content if You do not have the necessary rights to do so.

7.3

We do not control the content and, as such, do not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the Website, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website.

7.4

Licence to Us of Your Content: Please think carefully before submitting any content on this Website, including, but not limited to, any submission of content via LinkedIn. By submitting, posting or displaying any of Your content on the Website, You confirm that You own the intellectual property rights in the content and You give Us a worldwide, sublicensable, transferable, non-exclusive, perpetual, royalty-free licence to copy, adapt, modify, translate, publish, publicly perform, publicly display and distribute any of Your content on this Website for the purposes of:

7.4.1: enabling Us to provide You with Our services through the Website;

7.4.2: any academic research purposes; and

7.4.3: sharing and making available such content to members, browsers and other users of this Website.

7.5 Intellectual property rights:

7.5.1: Our ownership

(a) All rights, including copyright and other intellectual property rights, in and to the Website and the following trade marks (whether registered or unregistered) “UAL”, “F.I.R.E.” “FIREup” are owned by Us or Our licensors. Our entire Website is subject to copyright with all rights reserved. [Note: please ensure all UAL trade marks used on the Website are listed here]

(b) No permission is granted by Us for You to copy, distribute, modify, create derivative works from, post or frame any trade marks, text, graphics, video, audio, software code, or user interface design or logos from the Website. You agree that You will not copy, publish, transmit, license, rewrite for broadcast or publication or redistribute in any medium any of Our content without Our express prior written permission. You may not transmit, display, perform, reproduce, publish, license, transfer, or sell any of Our information or content, software, products or services obtained from the Website. Other than is expressly provided in these Terms, nothing will be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, or other intellectual property or proprietary interest of Us, Our licensors or any third party. Any rights not expressly granted to You by these Terms are reserved by Us or Our suppliers.

(c) You agree that You will not take any action inconsistent with Our ownership of the Website and/or Our content on this Website.

7.5.2 : Your ownership

(a) As between You and Us: (i) We retain all rights, title and interest in and to all intellectual property rights embodied in or associated with the Website, Our content on the Website, Our software and services and any content created or derived there from; and (ii) You retain all rights, title and interest in and to all intellectual property rights embodied in or associated with Your content in accordance with these Terms subject to the licence in paragraph 7.4 above.
(b) You warrant, represent and undertake to Us that Your content will comply with all applicable laws in the United Kingdom and will not be defamatory or infringe any copyright, trade mark or other intellectual property rights or rights of any third party whatsoever.

7.5.3

Attribution, Publicity, Promotional and Marketing Use
(a) You understand and agree that We have the sole discretion to determine any attribution(s) and use of Our trade marks and the trade marks of any of Our licensors.
(b) You will not make any statement which suggests You are in partnership with, sponsored by or endorsed by Us without Our express prior written approval.
(c) In the course of promoting, marketing, or demonstrating Our services, You agree that We may produce and distribute incidental depictions, including screenshots, video, images or other parts of Your content and if You provide feedback or suggestions about Us, then We may use such information without obligation to You. You grant Us all necessary rights for these purposes.

8. LINKS TO, AND CONTENT PROVIDED BY, THIRD PARTY WEBSITES

8.1

Our Website may contain hyperlinks to websites or embedded content from websites, operated by other parties. These hyperlinks and content are provided for Your reference only. In particular, this Website may contain images, posts, hyperlinks and other content hosted and provided by LinkedIn, Twitter, Facebook, Vimeo and Instagram as well as similar content from other third parties (including other social media and digital content websites) (“Third Party Websites”). We do not control these Third Party Websites and We are not responsible for their content, privacy policies or terms of use or their accuracy and Our inclusion of content and hyperlinks on this Website to any other website (including all Third Party Websites) does not mean that We endorse their content or endorse their operators or that We are associated with them.

8.2

The privacy policies and terms of use of any websites which You may access via a feed or a hyperlink from this Website will be those of the website owners and operators who own those websites or apps.

9. OUR LIABILITY TO YOU
9.1

Errors and omissions etc: The information on this Website is provided ‘as is’ and the content posted to the Website by users of the Website does not represent the views of UAL or any of its business partners. We do not warrant that the information published on Our Website will be accurate, up to date or error free and in using Our Website You acknowledge all information may include inaccuracies or typographical errors. Content from Third Party Websites may appear on the Website without the express permission of the owners of such content. Such content is for Your reference only and should not be relied upon by You. You can report any inappropriate content posted on the Website to Us at s.black@fashion.arts.ac.uk. Although We do not monitor all content posted on the Website, We reserve the right to edit, delete or remove any content at Our absolute discretion and without notice to You.

9.2

Types of loss and damage not claimable from Us:
(a) You agree that We will not be liable for any losses or damages arising out of or in connection with Your use of any information, products, services, materials, content and/or information offered or otherwise made available through this Website and/or posted by any user of this Website, including but not limited to any loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties or any indirect or consequential loss or special damages even if We have been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
(b) You also agree that We will not be liable to You for any losses or damages arising from Your use or inability to use this Website or Our services and You agree to waive any and all claims in relation to that use or inability to use (whether based on contract, tort or any other grounds).
(c) This Website is made available to You only on an “as is” basis. To the maximum extent permitted by law, We accept no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, defraud, theft, technical failure, error, omission, interruption, deletion, defect, delay or any occurrence beyond its reasonable control which comprises or affects the administration, security, fairness or the integrity or proper conduct of any aspect of this Website.

9.3

Amount: Without prejudice to paragraphs 9.1 and 9.2, in the event of any claim arising, Our total liability to You is limited to the greater of any fees You may have paid to Us for this Website service in the calendar year preceding such claim or the sum of ten pounds (£10).

10. DISCLAIMER AND INDEMNITY
10.1

Indemnity:
(a) You agree to indemnify and hold Us, Our directors, officers, employees, subsidiaries, affiliates, agents, other partners or representatives harmless from any loss, liability, claim or demand, including legal fees, made by any third party due to or arising out of Your use of the Website or Your content.
(b) All use by You of this Website is at Your own risk and You assume complete responsibility for all risk or loses or damage, including any resulting from Your downloading, uploading and/or use of or referring to or relying on information, products, properties, services or materials provided on this website or any other information obtained from Your use of Our Website.

10.2

Disclaimer:
(a) We make no representations, warranties or undertakings that this Website or the server that makes the foregoing available will be free from defects including but not limited to viruses or other harmful elements.
(b) To the maximum extent permitted by law, all representations, warranties and conditions, whether express or implied, statutory or otherwise are hereby excluded, including without limitation representations, warranties or undertakings about any of Our services, information and/or content on this Website including without limitation their accordance, their completeness or their merchantability, quality or fitness for a particular purpose.

11. GENERAL
11.1

These Terms and Your use of this Website are governed by the laws of England and Wales.

11.2

You consent to the exclusive jurisdiction of the courts of England and Wales in all disputes arising out of or relating to the use of this Website each time You access the Website.

11.3

Our failure to enforce at any time one or more of the terms or conditions in these Terms will not be a waiver of them or the rights attaching to any of them. No provision of these Terms is waived by Us unless We waive it in writing.

11.4

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or Your use of this Website.

11.5

Our performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Our right to comply with law enforcement requests or requirements relating to Your use of this Website or information provided to or gathered by Us with respect to such use.

11.6

If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

11.7

These Terms (including Our Privacy Policy) constitute the entire agreement between You and Us with respect to this Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to this Website.

11.8

Although We cannot monitor Your or anyone else’s conduct offsite, it is a violation of these Terms to use any information obtained from this Website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

11.9

Any terms in these Terms that by their nature are intended to continue indefinitely will continue to apply after termination of any agreement between Us and You.

11.10

No person who is not a party to these Terms may enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

11.11

You may not assign or transfer Your rights or obligations under these Terms. We may assign any contract between Us and You to a third party.

11.12

Any notices to Us must be sent in writing to Our registered company headquarters address as set out on Our website via first class or air mail or overnight courier, and is deemed given upon receipt.