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1. Introduction
1.1 The BCre8ive online platform (“the Platform”) consists of the website found at http://www.bcre8ive.eu/ (“the Website”, which shall include all webpages and mirror sites controlled by us which are accessible from the homepage, and any future incarnation of the same), all online functionality and back-end services available from the Website, and all virtual workshops and other online workspaces accessed from the Website or as a result of your registration thereof.
1.2 The Platform is operated by BCre8ive Limited (Company No. 07606648) whose registered office is at Davisons Accountants, Lime Court, Pathfields Business Park, South Molton, Devon EX36 3LH (“we” “us” “our”).
1.3 These terms and conditions (“the Terms”) apply to the use of the Platform and shall be read in conjunction with the Privacy Policy and any other incidental information listed on the Website and shall together form the agreement between you and us.
1.4 It is important that you read and understand the Terms before using the Platform. By proceeding beyond registration at the Website and/or using the Platform you are entering into a legally binding agreement with us to observe and be bound by the Terms, as they may be modified from time to time. If you do not agree to the Terms, you may not use the Platform.
1.5 You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of the Terms, and that they comply with them.
1.6 We reserve the right to amend the Terms from time to time. Amendments will take effect when posted on the Website or when notified to you via email. Notwithstanding the foregoing, any materially onerous amendments shall be notified to you in such manner that you shall have the opportunity to accept or decline the amended Terms before continuing to use the Platform. If you decline to accept these amendments, then your registration shall continue to be governed by the current Terms but you may be restricted from using some or all of the services available from the Platform and/or we may discontinue your membership.
2. Our Services to You
2.1 The services that we shall provide from the Platform (“the Platform Services”) are described in more detail at the Website. Any Platform Services which are applicable to creative contributions from you (“Content Services”) shall be subject to one or more further agreements which you may be offered via the Website or otherwise.
2,2 Unless expressly provided to the contrary at the Website, the Platform Services available to you pursuant to this agreement shall be limited to registration as a Registered User, access to information regarding the Content Services and, where applicable, tools available to apply to become a user of Content Services. In order to benefit from the Content Services, including being able to upload creative contributions and participation in virtual workshops, you shall be required to enter into a further agreement with us.
3. Changes to the Website and Platform Services
3.1 We may, but do not undertake, to update the Website from time to time. We also reserve the right to amend, suspend or discontinue the Platform Services or close the Website indefinitely at any time without notice. We accept no liability to you if for any reason the Website is unavailable or out of date at any time or for any period.
4. Registration of your account
4.1 If you choose to register an account (“Platform Account”) for access to the Platform no fee shall be payable at that time but you shall be required to complete and submit the registration form. By registering a Platform Account you shall become a “Registered User”.
4.2 By registering a Platform Account you warrant that you are at least 18 years old.
4.3 Once you have registered a Platform Account, you may access this account using your Registered User ID, email address and/or a unique password as entered by you / provided to you by us at the time of registration, which shall also be confirmed to you via email.
4.4 For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided, and your entitlement to use the Platform and any Platform Services. You are solely responsible for the accuracy, legality, currency and compliance of such details and will be liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
4.5 We reserve the right to terminate suspend or restrict your Platform Account without notice to you should you commit any breach of the Terms or in our reasonable discretion we believe that it is your intention to commit a breach of this agreement or that you are acting contrary to the spirit of this agreement.
5. General Conduct and use of Website
5.1 You may only create and maintain one Platform Account and (if applicable) one profile page.
5.2 We grant you a limited licence to access and make use of the Website in accordance with this agreement, but not to modify, reproduce, duplicate, copy or re-sell it or any part of it, or otherwise exploit it for any commercial purpose or gain except for the specific purposes set out in this agreement or otherwise with our express written consent.
5.3 You may not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You may not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us.
5.4 You may not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity. You may not send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right or is otherwise injurious or objectionable to third parties, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or other types of spam or which in any way may cause annoyance, inconvenience or needless anxiety.
6. Information Provided by You
6.1 Any information and content posted, uploaded, or otherwise sent by any means by you to the Website, including without limitation information provided pursuant to your registration as a Registered User, shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.
6.2 You agree that you shall not publish your contact information or any other information or data in the publicly-accessible parts of the Website. You agree that you shall not publish the contact information or the information of any other person in the publicly-accessible parts of the Website (whether or not such persons are users of the Website) or elsewhere, or communicate such information to any other person whether in electronic or any other format.
6.3 Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and our Privacy Policy.
6.4 You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.
7. Your Licence to Us
7.1 By submitting any material to us you grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Website or other portals of the Platform. Notwithstanding the foregoing we shall not disclose personal data other than your user name to other parties without your express or implied consent and always in accordance with our Privacy Policy, save that we may to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
7.2 For the avoidance of doubt, the provisions of clause 7.1 shall apply to information provided to us pursuant to this agreement and not to creative contributions which may be uploaded by you pursuant to a later agreement for Further Services.
8. BCre8ive Format
8.1 The processes described at the Website or otherwise communicated to you (“the Format”) for sharing, developing and promoting creative ideas via the Platform are considered by us to be original creations capable of protection as proprietary intellectual property and/or formats and shall be subject to the same restrictions of use as more generally set out in clause 9 below.
8.2 You may not exploit the Format other than your participation in the Platform as a Registered User subject to the Terms.
9. Intellectual Property
9.1 All content and compilations of content included at the Website or accessed via the Platform (“Website Material”, which includes but is not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, software and the Format) other than content uploaded by you or other Registered Users is our property or is licensed to us and is protected by copyright, database and trade mark right laws in England and internationally.
9.2 You may only download, extract and/or re-utilise Website Material where expressly permitted to do so and such use shall be subject to this agreement.
9.3 For the avoidance of doubt 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 of any Website Material without our express written consent. You may not create and/or publish your own database that features substantial parts of any Website Material without our express written consent, and where consent is given our status (and that of any identified contributors) as the authors of Website Material must always be acknowledged.
10. Links
10.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
10.2 You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may 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 may not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in this agreement.
11. Interactive Services
11.1 We may provide interactive services on the Website including, without limitation, chat rooms and bulletin boards (not to be confused with the workshops which shall be governed by an agreement for Further Services). Where we do provide any interactive service we are under no obligation to oversee, monitor or moderate it and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
12. Security
12.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Website. You shall immediately notify us of any unauthorised use of them or any other breach of security.
12.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you may sign out when you have finished using the Website.
13. Compliance with Laws
13.1 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and the Platform.
14. Liability
14.1 We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise) which arise out of or in connection with the provision of the material by you.
14.2 Any content or material posted on the Website is not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
14.3 Your acceptance of this agreement also acts as a general release of any of our officers, directors, agents and employees from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Platform.
14.4 Notwithstanding the foregoing, nothing in this agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. Indemnity
15.1 You shall indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other term of this agreement.
16. Access to the Website
16.1 Subject to clause 3.1, we will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.
17. Notices
17.1 Except as otherwise stated, any notices you wish to send to us should be e-mailed to [admin@bcre8ive.eu]. Any notices that we may wish to draw to your attention will be displayed on our Website.
18. Confidential Information
18.1 We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.
19. Electronic Communication
19.1 When you visit the Website, use the Platform or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19.2 If you have any concerns about the Website please contact us at [admin@bcre8ive.eu].
20 Invalidity
20.1 If any part of the terms of this agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21 Entire agreement
21.1 This agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
22. Assignment
22.1 We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of this agreement to a third party.
23. No Waiver
23.1 A waiver by us of any terms of this agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this agreement. All rights and remedies contained in this agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
24. Third Party Rights
24.1 No third party shall be deemed under this agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
25. Nature of Agreement
25.1 This agreement shall not constitute a partnership, agency or joint venture between the parties.
26. Law and Jurisdiction
26.1 This agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.