Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE  

1. WHO WE ARE AND HOW TO CONTACT US  

1.1 This website is operated by the University of Exeter (”We”). More information about the [PROJECT] can be found on the ‘About Us’ pages of this website.

1.2 The University of Exeter is registered in England and Wales by Royal Charter, under number RC000653 and our main administrative office is established at Northcote House, The Queen’s Drive, Exeter EX4 4QJ, Devon, UK. The Royal Devon & Exeter NHS Foundation Trust is an NHS Foundation Trust with its main administrative office at Barrack Road, Exeter, EX2 5DW.  To contact us, please email: info@placesofpoetry.org.uk

2. BY USING OUR WEBSITE YOU ACCEPT THESE TERMS  

By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our website. We recommend that you print a copy of these terms for future reference.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU  

These terms of use refer to the following additional terms, which also apply to your use of our website:

• Our Privacy Policy. 

• Our Cookie Policy, which sets out information about the cookies on our website.

4. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE  

4.1 Our website is made available free of charge.

4.2 We do not guarantee that our website, 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 website for business or operational reasons. 

4.3 You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4.4 Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.

5. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE  

5.1 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.

5.2 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 of use.

5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: info@placesofpoetry.org.uk

6. ACCEPTABLE USE

6.1 You may:

• view pages from our website in a web browser;
• download pages from our website for caching in a web browser;
• print pages from our website;
• stream audio and video files from our website; and
• use our website services by means of a web browser,

for your personal use and subject to the other provisions of these terms and conditions.

6.2 You may use our website only for lawful purposes. You may not use our website:

• use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
• use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including, but not limited to accessing our website 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 our website will cease immediately;
• use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
• access or otherwise interact with our website using any robot, spider or other automated means;
• violate the directives set out in the robots.txt file for our website; or
• use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6.3 You must not use data collected from our website to contact individuals, companies or other persons or entities.

6.4 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

7. HOW YOU MAY USE CONTENT ON OUR WEBSITE  

7.1 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

7.2 Except as expressly permitted by these terms and conditions, you must not modify the paper or digital copies of any materials 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.

7.3 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

7.4 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

7.5 If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

7.6 Unless you own or control the relevant rights in the material, you must not:

• republish material from our website (including republication on another website);
• sell, rent or sub-license material from our website;
• show any material from our website in public;
• exploit material from our website for a commercial purpose; or
• redistribute material from our website.

8. DO NOT RELY ON INFORMATION ON THIS WEBSITE  

8.1 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

8.2 Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

9. OUR RESPONSIBILITIES

9.1 We do not guarantee that our website will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

9.2 Where our website 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.

10. HOW WE MAY USE YOUR PERSONAL INFORMATION  

10.1 We will only use your personal information as set out in our Privacy Policy.

11. YOUR CONTENT

11.1 In these terms and conditions, "your content" means all works and materials relating to the poems or wording that you upload onto our website or storage or publication on, processing by, or transmission via, our website. All copyright subsisting in your content is owned by you or your licensor(s). Subject to the licence you grant us in clause 11.2 below, you or your licensor(s) are free to license your content to others as you see fit.

11.2 You grant to us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

11.3 Where we publish your content under these Terms and Conditions and you have disclosed your details to us, we will acknowledge you as the authors of your content on our website. 

11.4 We will not use any part of your content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

12. YOUR CONTENT: RULES

12.1 You warrant and represent that your content will comply with these terms and conditions.

12.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

12.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

• be libellous or maliciously false;
• be obscene or indecent;
• infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
• infringe any right of confidence, right of privacy or right under data protection legislation;
• constitute negligent advice or contain any negligent statement;
• constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
• be in contempt of any court, or in breach of any court order;
• be in breach of racial or religious hatred or discrimination legislation;
• be blasphemous;
• be in breach of official secrets legislation;
• be in breach of any contractual obligation owed to any person;
• depict violence, in an explicit, graphic or gratuitous manner;
• be pornographic, lewd, suggestive or sexually explicit;
• be untrue, false, inaccurate or misleading;
• consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
• constitute spam;
• contain pictures of children under the age of 16 years whose parental consent has not been completely gained;
• be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
• cause annoyance, inconvenience or needless anxiety to any person.

12.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

12.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

12.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

12.7 When we consider that a breach of these acceptable use standards has occurred, we may take such action as we deem appropriate.  For the avoidance of doubt, this may include deleting, unpublishing or editing any, or all of your content.

13. REPORT ABUSE

If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.  You can let us know by email by clicking here: 

14. LIMITATIONS AND EXCLUSIONS OF LIABILITY

14.1 Nothing in these terms and conditions will:

• limit or exclude any liability for death or personal injury resulting from negligence;
• limit or exclude any liability for fraud or fraudulent misrepresentation;
• limit any liabilities in any way that is not permitted under applicable law; or
• exclude any liabilities that may not be excluded under applicable law.

14.2 The limitations and exclusions of liability set out elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

14.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15. INDEMNITY

You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of: 

• any breach by you of any provision of these terms and conditions; or
• your use of our website.

16. BREACH

16.1Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

• send you one or more formal warnings;
• temporarily suspend your access to our website;
• permanently prohibit you from accessing our website;
• block computers using your IP address from accessing our website;
• contact any or all your internet service providers and request that they block your access to our website;
• commence legal action against you, whether for breach of contract or otherwise; and/or
• suspend or delete your account on our website.

16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17. THIRD PARTY WEBSITES

Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

18. COMPETITIONS

From time to time we may run competitions on our website.  Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

19. VARIATIONS

19.1 We may revise these terms and conditions from time to time.  The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

19.2 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

20. ASSIGNMENT

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. SEVERABILITY

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. THIRD PARTY RIGHTS

22.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

23. LAW AND JURISDICTION

24.1 These terms and conditions shall be governed by and construed in accordance with English law.

24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.