1 ACCEPTANCE OF TERMS
1.1 Your access to and use of the Design Initiative ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as profile pages, image galleries, administration areas, email bulletins and/or other message or communication facilities ("the Services") designed to enable you to communicate with
3 PRIVACY POLICY
3.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties other than through the website pages. The information is used solely for notifying you of changes or updates to the Website/Services.
3.2 In the Register as a Creative form, certain personal information entered will be posted on the Website in the public domain. This information is: name, company name, address, telephone, fax, email address, personal web address (where applicable), primary location, areas of expertise, personal profile, experience and skills and accompanying images. the Design Initiative cannot be held responsible for unsolicited email or ‘spam’ sent to a member’s published email address. If you do not wish to have your email address published we can arrange an alternative.
4. DISCLOSURE
4.1 As part of the terms and conditions of use, you agreed to inform the Design Initiative of any commissions or purchases resulting from your use of the site. Such information is vital in securing future funding for the ‘Find a Creative’ service.
4.2 All information supplied in pursuance of 4.1 will be treated as strictly confidential and will only be used for monitoring purposes by the Design Initiative on behalf of our funders.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will the Design Initiative be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Website/Services you may be exposed to Content that is offensive and/or indecent. the Design Initiative will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Content that is posted on the Website, but shall be entitled to review materials posted and, at our sole discretion, to remove or disallow any material that breaches these Terms and Conditions or is otherwise objectionable.
7 TERMINATION
7.1 We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
7.2 Should you wish to terminate your membership/ registration to the Services you must email info@designinit.org.uk and give at least seven working days notice.
7.3 If your images are deemed unsuitable for displaying within the Website, your Profile will not be uploaded to the Website and the Design Initiative will contact you in due course.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that the Design Initiative is not responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
10.2 the Design Initiative does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
10.3 In buying products or services from any creative featured at the Design Initiative, the copyright of the work remains the property of the copyright holder, unless otherwise stated.
11 INDEMNITY
You agree to indemnify and hold the Design Initiative harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Design Initiative by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Design Initiative in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, the Design Initiative will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 the Design Initiative makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 the Design Initiative is not responsible in any way for any product or project sales that you or third parties may engage in.
12.5 the Design Initiative reserves the right to refuse use of the Services.
12.6 the Design Initiative reserves the right to refuse or remove images or text posted on the Website.
12.7 All Creative Registrations are subject to suitability-verification the Design Initiative reserves the right to reject registration submissions.
12.8 Where applicable, Creatives are advised to display sizes of artwork or products in metric. the Design Initiative cannot be held responsible for any member's mis-quote of measurements.
12.9 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Design Initiative for death or personal injury as a result of the negligence of the Design Initiative.
12.10 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13 ELIGIBILITY CRITERIA AND SELECTION PROCESS
Registration onto Find A Creative is open to practising, professional designers, visual artists or craftspeople/makers residing or working in the North West region of England.
This includes self employed and freelance practitioners.
Only one contact person per company can register – multiple registrations from the same company under different categories will not be accepted.
Final acceptance onto the site is subject to selection
Registrations will be reviewed regularly by an independent panel of regional design, visual arts, crafts professionals.
The selection criteria are:
Quality of Work (work must be contemporary and of highest quality)
Relevance of Work (work must be appropriate for commission purposes)
Quality of Image (images must be professionally presented and high quality)
Once approved by the panel registrations will be validated by the Design Initiative and appear on line.
14 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Last updated: Tuesday, 25 October 2005