Terms and conditions
These are the arts-planet.net terms and conditions, which apply to the use of arts-planet.net by end users. By accessing arts-planet.net, you agree to be bound by the Terms and Conditions.
1 YOUR OBLIGATIONS
1.1 You will not:
(a) use arts-planet.net (or any part of it) for any illegal purposes and agree
to use it in accordance with all relevant laws;
(b) upload or transmit through arts-planet.net (i) any computer viruses, macro
viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer or (ii) any
material which is defamatory, offensive, or of an obscene or menacing
character, or that may cause annoyance, inconvenience or needless anxiety;
(c) use arts-planet.net in a manner which (i) may cause arts-planet.net to be
interrupted, damaged, rendered less efficient or such that the effectiveness or
functionality of arts-planet.net is in any way impaired or (ii) violates or
infringes the rights of any person, firm or company (including, but not limited
to, rights of intellectual property, rights of confidentiality or rights of
privacy); (iii) has discriminatory content or is openly offensive and promotes,
advocates or incites any form of sexist, racist, homophobic and religious hatred
(d) create or publish a hypertext link to any part of arts-planet.net or
attempt any unauthorised access to any part or component of arts-planet.net.
If you find racist, discriminatory or offensive material on this website, please contact arts-planet@visitingarts.org.uk as soon as possible NB Any opinion or statement expressed on profiles or by posts on forums or noticeboards is solely the opinion of the forum/noticeboard user and does not reflect the opinion of other users, members and Visiting Arts.
NB special note for Members
As a past participant of
the programmes listed on this site, you are entitled to create a free online
profile, visible only to registered users, though only your name and country of
origin may from time-to-time appear to all browsers on the internet. You are
also entitled to post notices on public/members only noticeboards and join
discussions on the members' forums. In addition, you agree not to:
You will not:
(b) upload or transmit through ats-planet.net (i) any computer viruses, macro
viruses, trojan horses, worms or anything else designed to interfere with,
interrupt or disrupt the normal operating procedures of a computer or (ii) any
material which is defamatory, offensive, or of an obscene or menacing
character, or that may cause annoyance, inconvenience or needless anxiety.(iii)
content which infringes copyright or other rights of third parties or which
contains illegal content.
(c) use arts-planet.net
in a manner which (i) may cause arts-planet.net to be interrupted, damaged,
rendered less efficient or such that the effectiveness or functionality of
arts-planet.net is in any way impaired or (ii) violates or infringes the rights
of any person, firm or company (including, but not limited to, rights of
intellectual property, rights of confidentiality or rights of privacy);
1.2 You are solely responsible for all content (including
text, image, sound and film files, messages sent and items posted on forums and
noticeboards) that you upload and post on arts-planet.net or transmit to or
share with both members and registered users
1.3 You agree that in the event that you have any right, claim or action against any end user of arts-planet.net arising out of that end user's use of arts-planet.net, then you will pursue such right, claim or action independently of and without recourse to Visiting Arts. Please note: registered Users are eligible to send messages to members; however, Visiting Arts does not take any responsibility with regards to content sent or posted by Users to (or for) Members.
2 VISITING ARTS RIGHTS
2.1 We reserve the right
to:
(a) modify or withdraw, temporarily or permanently, arts-planet.net (or any
part of it) with or without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal of arts-planet.net;
(b) change these Terms and Conditions from time to time. Your continued use of
arts-planet.net
(or any part of it) following such change shall be deemed to be your acceptance
of such change. It is your responsibility to check regularly to determine
whether the Terms and Conditions have been changed. If you do not agree to any
change to the Terms and Conditions then you must immediately stop using arts-planet.net;
and/or
(c) monitor any activity and content associated with arts-planet.net. We may
investigate any reported violation of these Terms and Conditions or complaints
relating to arts-planet.net and take any action that we deem appropriate (which
may include, but is not limited to, issuing warnings, suspending, terminating
or attaching conditions to your access and/or removing any materials from arts-planet.net).
(d) Visiting Arts has the
right to amend or remove any material deemed irresponsible, inaccurate or that
may cause offensive to persons, communities or organisations at local, national
and international levels.
2.2 We will use our reasonable endeavours to maintain arts-planet.net. arts-planet.net
is subject to change from time to time. You will not be eligible for any
compensation because you cannot use any part of arts-planet.net because of a
failure, suspension or withdrawal of all or parts of arts-planet.net for any
reason.
Each registration for both users and members is for a single individual person only.
Impersonating or falsely claiming to represent a person or organisation, disguising the origin of any messages, restricting or inhibiting any other user from using the forums is forbidden. Visiting Arts is not responsible in situations or cases or identity impersonation or theft.
3 YOUR PERSONAL DATA
We respect your Personal Data and shall deal with it in accordance with our Privacy Statement (below) and applicable UK Data Protection legislation in place from time to time. Click here to use our privacy statement.
4 LINKS TO OTHER WEBSITES
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
5 ACCESSIBILITY
We take our responsibility for making accessible web content and software seriously. arts-planet.net is committed to ensuring accessibility for people with disabilities and to meeting current accessibility standards. We are actively engaged in the ongoing process of testing arts-planet.net and currently comply with accessibility standards.
6 LIMITATION OF LIABILITY
6.1 Whilst we will use
reasonable endeavours to verify the accuracy of any information we place on arts-planet.net,
we make no warranties, whether express or implied in relation to its accuracy.
6.2 arts-planet.net is provided on an "as is" and "as available"
basis without any representation or endorsement. Unless specified in separate
terms and conditions relating to a particular product or service, we make no
warranties of any kind, whether express or implied, in relation to arts-planet.net,
or products or services offered on arts-planet.net whether by us or on our
behalf (including free software downloads) including but not limited to,
implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security, accuracy, condition or completeness,
or any implied warranty arising from course of dealing or usage or trade.
6.3 Unless specified in separate terms and conditions related to a particular
product or service, we make no warranty that arts-planet.net or products or
services offered on arts-planet.net whether by us or on our behalf (including
free software downloads) will meet your requirements or will be uninterrupted,
timely, secure or error-free, that defects will be corrected, or that arts-planet.net
or the server which makes it available or products or services offered on arts-planet.net
whether by us or on our behalf (including free software downloads) are free of
viruses or bugs or are fully functional, accurate, or reliable. We will not be
responsible or liable to you for any loss of content or material as a result of
uploading to or downloading from arts-planet.net.
6.4 Notwithstanding any other provision in the Terms and Conditions, nothing
shall limit your rights as a consumer under English Law.
6.5 You acknowledge that we cannot guarantee and therefore shall not be in any
way responsible for the security or privacy of arts-planet.net and any
information provided to or taken from arts-planet.net by you.
6.6 We will not be liable (i) in contract, tort (including, without limitation,
negligence) or otherwise for:
(a) any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect or consequential losses, howsoever arising and;
in any case whether or not such losses were within the contemplation of either
of us at the date on which the event giving rise to the loss occurred.
6.7 Nothing in the Terms and Conditions shall exclude or limit our liability
for death or personal injury resulting from our negligence or that of our
servants, agents or employees, or any liability in the tort of deceit.
7 INTELLECTUAL PROPERTY AND RIGHT TO USE
7.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within arts-planet.net shall remain at all times owned by Visiting Arts. Copyright for content on Members' profiles remains with Visiting Arts OR the persons or institutions individually credited. Reproduction of part or all of the contents of any of these pages is prohibited.
7.2 You acknowledge and
agree that the material and content contained within arts-planet.net is made
available for your personal non-commercial use only and that you may download
such material and content onto only one computer hard drive for such purpose.
Any other use of the material and content of arts-planet.net is strictly
prohibited. You agree not to (and agree not to assist or facilitate any third
party to) copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
7.3 Except for Personal Data, any information you submit to arts-planet.net, whether
by way of comment, any forum function or otherwise, will not be treated
confidentially and you acknowledge that we may use such information for any
purposes subject to these Conditions.
8 GENERAL
8.1 If any part of the Terms
and Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions and
shall not affect the validity and enforceability of any of the remaining
provisions of the Conditions.
8.2 These Conditions (as amended from time to time) contain the entire
agreement and understanding between us in respect of all matters which are
referred to herein and supersede any prior written or oral agreement between us
relating to such matters. No oral explanation or oral information given by
either of us shall alter the interpretation of these Terms and Conditions. You
confirm that, in agreeing to accept these Terms and Conditions, you have not
relied on any representation that is not expressly included herein and you
agree that you shall have no remedy in respect of any misrepresentation which
has not become a term of these Terms and Conditions. However, nothing in these
Terms
and Conditions purport to exclude liability for any fraudulent statement or
act.
8.3 The Terms and Conditions will be exclusively governed by and construed in
accordance with the laws of England and Wales whose Courts will have exclusive
jurisdiction in any dispute, save that we have the right, at our sole
discretion, to commence and pursue proceedings in alternative jurisdictions.
