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PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THIS SITE
What’s in these Terms?
These terms tell you the rules for using our website www.creativitycollaboratives.org.uk (our site).
Who we are and how to contact us
Arts Council England (“ACE”) is a registered charity (number 1036733). Our head office is located at Second Floor, The Hive, 47 Lever Street, Manchester, M1 1FN.
If you have any questions about these Terms, you can write to us at creativity.collaboratives@artscouncil.org.uk
By using our site, you accept these Terms
By using our site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site.
In these Terms, references to “we”, “us”, or “our” are references to ACE, and all references to “you” and “your” are references to you as a user of the website.
There are other terms that may apply to you
Additional terms, such as our Privacy Policy and Cookie Policy, also apply to your use of our site.
We may make changes to these Terms
We may amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and make changes to our site from time to time to reflect changes to our services, our users’ needs, and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only for users in England
Our site is directed to people residing in England. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and, if you are an organisation, you must not share it with colleagues.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user login details, you must promptly notify us using the contact details provided above under “who we are and how to contact us”.
How you may use material on our site
Except where otherwise stated on our site, we are the owner or the licensee of all intellectual property rights in the site, and in the material published on it (“ACE IP”).
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free licence for as long as you use our site, to use the ACE IP for the purposes outlined under “Acceptable use”.
You may print, and may download extracts, of any page(s) from our site for your personal use. If you are an organisation, you may draw the attention of others within your organisation to content posted on our site.
With the exception of your data that you upload, you must not modify the paper or digital copies of any materials on the site that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on the site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of the site in breach of these Terms, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms).
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Our site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in England (the “Permitted Territory”). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are located in the Permitted Territory. If you are not located in the Permitted Territory, you must immediately discontinue use of our site and any related content and services.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the acceptable use standards set out in these Terms.
If you wish to link to or make any use of content on the site other than that set out above, please contact us using the contact details provided above under “Who we are and how to contact us”.
Acceptable Use
You are permitted to use the site (including the ACE IP) for the following purposes:
- To sign up to our newsletter
- To view resources and research on the site,
- To learn more about the Creativity Collaboratives project and the outcomes.
You must not use the site:
- if you are under the age of 18 without a parent or guardian,
- in any way that breaches any local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our content standards;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not use the ACE IP, or any intellectual property rights which (in our sole opinion) incorporates or is confusingly similar to the ACE IP, in relation to any competing business of the site or in any way which reduces or diminishes the reputation, image or prestige of the ACE IP or the site.
Our trademarks are registered
The Arts Council England name and logo, and various Artsmark logos, are registered trademarks, meaning you do not have permission to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
This means that you are not permitted to use our name and/or logo or any of our registered trademarks in any of your materials unless we have expressly provided permission for you to do so.
We explain more about using our Artsmark trade marks in our terms and conditions for registration or application to our Artsmark programme on our Artsmark website.
If we have engaged with you to provide advice, this does not mean that we endorse you/your organisation or any products, projects or services discussed.
Uploading content to our site
Whenever you make use of a feature that allows you to create content directly on the site, upload or share content to the site, or to make contact with other users of the site, you must comply with the standards set out in these Terms.
You warrant that any such contribution complies with these standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We will consider any content you upload to the site to be non-confidential and not protected by any trademark, patent or copyright (“non-proprietary”), that is, in the public domain. You own your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to others. The rights you license to us are described below under “Rights you are giving us to use material you upload”.
We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to the site violates their intellectual property rights or their right to privacy.
We have the right to remove any posting you make on the site if, in our opinion, your post does not comply with the acceptable use standards set out in these Terms.
If you wish to contact us in relation to content you have uploaded to the site and that we have taken down, please contact us using the contact details provided above under “Who we are and how to contact us”.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the site and across different media including to promote the site or the service to expire when the user deletes the content from the site.
a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site to expire when the user deletes the content from the site.
User-generated content is not approved by us
Our site may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Do not rely on information on this site or our advice or resources
The content on our site is provided for general information and educational purposes only. Whilst we make all efforts to share accurate and up-to-date advice and resources, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
It is not intended that you rely on any information on our site or advice given by us and we recommend that you obtain your own professional or specialist advice.
If we have provided advice to you directly, it is not intended that you will share this with any third parties because this advice was tailored to you.
By using this website, our advice and/or resources, you acknowledge that any reliance you place on this is at your own risk. We are not liable for any losses, damages, or consequences that may arise from the use of our content, advice, or resources.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
We are not responsible for viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not introduce viruses
misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the site or any part of it;
attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site or any other equipment or network connected with the site.
interfere with, damage or disrupt any software used in the provision of the site or any equipment or network or software owned or used by any third party on which the site relies in any way; or
attack the site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We accept no liability for third-party services provided on the site.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
How we may use your personal information:
We will only use your personal information as set out in our Privacy Policy.
Termination
Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so.
Entire Agreement
This agreement constitutes the entire agreement between you and us.
How to complain
To raise a complaint or dispute about the site, please contact us using the contact details provided above under “Who we are and how to contact us”.
Which country’s laws apply to a dispute
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.