In these Terms we refer to the following:
- “We” “Us” “Our” refers to Oxford Brookes University’s HEIF Project, ‘Brookes Creative.’
- “Our / The Website” refers to www.brookescreative.co.uk
- “Services” refers to the offer, events and content from Brookes Creative.
- “You” refers to yourself, as a User of Brookes Creative’s Website or Services.
- “Users” refers to any individuals and organisations that use the Brookes Creative website, including Oxford Brookes University students, staff and alumni, and third party employers or opportunity providers.
- “Third Party” or “External Parties” refers to organisations (including but not limited to companies, charities, not-for-profits, community interest companies, sole traders, community groups) that are operating externally to Oxford Brookes University.
- “Content” and “User Submissions” refers to any and all creative material (including text, video and/or audio recordings, music, graphics, designs, photographs, artwork, data, statistics, blogs, communications, ideas, adverts, links, compilations and other material; information, guidance and articles; advertised events; showcases of work and opportunities listed on our Jobs and Opportunities Board.
1. Information about Us
- 1.1 Brookes Creative is a HEIF project operated by a designated Team of staff and students within Oxford Brookes University’s School of Arts. Oxford Brookes University’s registered address is: Gipsy Lane, Headington, Oxford, OX3 0BP, UK.
- 1.2 Brookes Creative exists to support and grow the School of Arts’ professional network with the Creative Industries for the benefit of students, staff and external parties. The project has been designed with a student project team who have created a platform (our ‘Website’) of Services and relevant Content including information, articles, showcases, interviews and an opportunities board. You can find Brookes Creative’s Manifesto at: www.brookescreative.co.uk/about-brookes-creative.
- 1.3 If you have any questions, complaints or comments about our Website or would like to contact us in connection with these Terms, you can email us directly at: brookescreative@brookes.ac.uk.
- 1.4 We reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on our Website, in which all such changes will take effect once they have been posted.
- 1.5 Where we reserve a right in these Terms, it does not mean we are obliged to exercise it.
2. Accepting the Terms and Conditions
- 2.1 We hereby grant you permission to access and use our Website and the Services, subject to the following conditions. You agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part (“Breach”). You accept the Terms by simply using the Services and understand that we will treat your use of the Services as acceptance of the Terms from that point onwards.
- 2.2 In using our Website you agree:
(a) not to alter or modify any part of the Website or any of the Services;
(b) not to use the Website in any way that may cause you or us to breach any applicable laws or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
(c) not to distribute unsolicited communications including ‘spam’ email;
(d) not to collect or harvest any personal data of any User of the Website;
(e) not to transfer files that contain viruses or other harmful programmes or use our Website in any way that may damage or disrupt another User’s computer;
(f) not to penetrate or attempt to penetrate our Website’s security measures;
(e) that you will comply with all of the other provisions of the Terms at all times during your use of the Services. You may not use our Website or have User Submissions approved for online publication if you do not accept these Terms or if you are in Breach of these Terms. - 2.3 In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.
- 2.4 You agree that you are solely responsible for, and that we have no responsibility to you or to any third party for, any breach of your obligations under the Terms and for the consequences, including any loss or damage which we may suffer, of any such breach. We reserve the right to take such action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions or any other provision of these Terms.
- 2.5 In the event of any dispute between you and us concerning these Terms, the laws of England and Wales will apply.
- 2.6 If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
- 2.7 You acknowledge that in agreeing to these Terms you have read and will abide by the Terms and Conditions of Oxford Brookes University’s wider policies available on the Oxford Brookes University website.
- 2.8 You understand that accepting these Terms does not create a partnership with Oxford Brookes University and you acknowledge that you must not use Oxford Brookes University’s logo or make any claim about the nature of your relationship with Oxford Brookes University.
3. Information about the Website
- 3.1 The Website is maintained, controlled and operated by us, or on our behalf, from or via our facilities in the United Kingdom. We do not guarantee that our Website is appropriate or available for use in any other country.
- 3.2 Website Content is written by and with Oxford Brookes University students, staff and alumni in mind and may not be appropriate for use by any other educational institution or organisation. We do not guarantee that it will meet your requirements.
- 3.3 Other Content is created by third parties which we have limited control of. The Content on our Website covers a range of topics to provide general information only. It is not intended to amount to advice on which you should rely. We give no warranty and make no representation about any of the Content or its suitability for your use. We recommend that you check its accuracy and obtain professional or specialist advice before taking, or refraining from, any action on the basis of our Website Content.
- 3.4 We may update and change our Website from time to time to reflect our Priorities or our User’s needs. We may make changes in relation to relevant laws and regulations or to implement technical updates and improvements. We will continue to refresh our published Content to make it as relevant and current as possible. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees that the Content is accurate, error-free, complete or up to date.
4. General use of our Website
- 4.1 Parents and guardians of anyone under the age of 18 should supervise their children’s use of our Website, including links to third party content.
- 4.2 Access to our Website is permitted on a temporary basis and we reserve the right to withdraw, permanently or temporarily, any part of our Website with or without notice. You acknowledge and agree that we may modify the form and type of Services which we provide without prior notice to you. From time to time, we may restrict access to all or part of our Website at our sole discretion. We do not guarantee that our Website, or any Content on it, will be available at any particular time or for any period of time and that such provision will be uninterrupted and fully operational.
- 4.3 Oxford Brookes University is committed to ensuring the very best staff and student experience where all our community can flourish in a culture of respect and support, where we celebrate difference and thrive on each other’s success. By using our Services you agree in full to Oxford Brookes University’s Equality, Diversity and Inclusion policies. At any time we reserve the right to withdraw or suspend, permanently or temporarily, the right to use the Services provided via our Website to those who we believe do not abide by these values or those who do not share our commitment to equal opportunities within the creative industries.
- 4.4 When using our Website, you are responsible for making all arrangements necessary for you to have access to our Website and for all connection and other charges incurred in using the Website.
- 4.5 We accept no liability for damage to your IT system, equipment or loss of data that results from your use of our Website and do not guarantee that any files that you download are free from bugs, viruses, contamination or destructive features. You are fully responsible for configuring your IT equipment, computer programmes and platform to access our Website and we advise you to use your own virus protection software.
- 4.6 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spyware, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. Breach of this provision would be a criminal offence under the Computer Misuse Act 1990. In the event of such a breach, your right to use our Website will cease immediately and we will report and disclose your identity to the relevant law enforcement authorities.
- 4.7 We do not promise that the Content on our Website will be free from errors or omissions. Users can notify us of any such incorrect information by email: brookescreative@brookes.ac.uk. Once they have been brought to our attention we will attempt to correct any errors or omissions as soon as we can.
- 4.8 Any decisions made or action taken by you on the basis of the Content provided on or via our Website are at your sole discretion and risk.
- 4.9 You must not use any part of the Content on our Website for commercial purposes (which can include your personal career development) without obtaining prior written permission from us or the owner of the Content. If you wish to make use of any Content on our Website for such purposes you must contact us in advance by email: brookescreative@brookes.ac.uk. We have no liability to you for any loss of profit, loss of business, damage to goodwill, business interruption, or loss of business opportunity.
- 4.10 You may download and print any pages from our Website for your own non-commercial use and you may also draw the attention of others to content posted on our website. However, 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 files, logos or any other graphics separately from the accompanying text.
- 4.11 You also must not use our Website or Content contained on our Website to build a service or product which competes with our Website.
- 4.12 You may stop using the Services at any time and are not required to inform us when you stop using the Services.
5. Links to and from our Website
- 5.1 You agree not to establish a link to or share content from our Website in such a way as to suggest any form of association, approval or endorsement on our and Oxford Brookes University’s part where none exists.
- 5.2 For your convenience and ease of reference our Website includes links to third party websites as well as content hosted by third party websites that are not owned or controlled by us. We assume no responsibility for the availability, content, services, products, privacy policies, practices or any other materials from third parties via our Website. You acknowledge and agree that we are not responsible for any technical or other issues that may arise from any such provision or liable for any loss or damage which you may suffer as a result of using or any reliance placed by you on the completeness, accuracy or existence of third party websites.
- 5.3 We strongly encourage you to be aware when you leave our Website and to read the Terms and Conditions and Privacy Policy for every third party website that you visit.
- 5.4 The inclusion of third party links are provided for your information only and should not be interpreted as approval, assurances or endorsement by us of those linked websites or any association with their operators. You should contact such third parties directly in relation to any queries you may have in connection with their content.
- 5.5 You acknowledge that your choice to access such third party sites shall be solely at your own risk. You agree that we will not be party to any transaction or contract with a third party that you may enter into via a link from our Website. You understand that we shall not be liable in respect of any loss or damage which you may suffer as a result of entering into any such third party transactions or contracts. You agree not to involve us in any dispute between you and any such third party.
- 5.6 You may draw the attention of others to Content posted on our Website and we welcome Users to share Content from our Website via their social media channels by clicking on the ‘share’ buttons next to such Content. However you agree not to modify digital copies of any Content and you must not use any illustrations, photographs, video or audio files, logos or any other graphics separately from the accompanying text.
- 5.7 You must not share any Content in a way that could damage our reputation or take advantage of it, or which is otherwise unfair or illegal.
- 5.8 You must not establish a link to our Website in any site or social media page that is not owned by you, unless you have the owner’s permission.
- 5.9 You must always acknowledge our status, including that of any contributors, as the authors of the Content on our website.
- 5.10 If you wish to link to or make any use of content on our site other than that set out above, please contact us by email: brookescreative@brookes.ac.uk.
- 5.11 We reserve the right to withdraw linking permission without notice.
6. Your User Submissions
- 6.1 External parties may submit Content (collectively referred to as “User Submissions”) in the form of articles and interviews or to provide information and opportunities to other Users. This Content should be submitted in conjunction with and in agreement to the terms in our Policy for Employers and Opportunity Providers.
- 6.2 You understand that whether or not such User Submissions are published is at our sole discretion.
- 6.3 You understand that we are under no obligation to oversee, monitor or moderate any User Submissions. We do not endorse any User Submission or any opinion, advice or recommendation expressed therein, and we disclaim any and all liability in connection with User Submissions.
- 6.4 The User is responsible for ensuring that their information and contact details are correct and up-to-date. You understand and agree that you are solely responsible for your own User Submissions and the consequences of us posting or publishing them, including personal information and your contact details. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
- 6.5 We are under no obligation to keep secure or to store User Submissions for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Submissions. You are solely responsible for creating back-up files for any User Submissions.
- 6.6 You retain all of your ownership rights in your User Submissions but you are required to grant us a non-exclusive, worldwide, payment-free, rights, on an ongoing basis without limit in time to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Submissions on and in connection with our Website and marketing material. This licence is required for the purpose of promoting our work and providing, operating and improving our Website. We will not use your User Submissions for any other purpose without your permission. You confirm that you have, and will continue to have during your use of the Services, all necessary licenses, rights, consents, and permissions in place which are required to enable us to use your User Submissions for the purposes of the provision of our Services.
- 6.7 By posting User Submissions you agree in full to Oxford Brookes University’s Equality, Diversity and Inclusion policies. You accept that we may review the User Submissions displayed on or uploaded to our Website and delete or remove any User Submissions at our sole discretion, including User Submissions that, in our judgement, might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
- 6.8 Individuals and organisations can communicate with each other in relation to the exchange of information and opportunities. All communications and interactions between such Users of our Services are matters between them and we are not responsible for any actions of Users or other third parties. You agree and acknowledge that your interactions with other Users are at your own risk and that:
(a) we make no assurances to you in relation to the suitability or any other attributes of other Users or their activities, products and services;
(b) we do not verify the identity of any Website Users or the accuracy of any User Submissions. Although prohibited from doing so, you acknowledge the potential for some Users to act in a misleading or inappropriate manner and;
(c) we have no responsibility or liability in relation to any transactions that you may enter into with other Users as a result of your and their activities on the Website, which may include mentoring, education, work experience or employment arrangements. - 6.9 We accept no liability for any failure to remove, or delay in removing, any Content. You may, however, make a request to amend, rectify or where appropriate erase Content about you by emailing: brookescreative@brookes.ac.uk. Once this has been brought to our attention we will attempt to correct any errors or omissions as soon as we can however we do not accept any liability for any loss or damage which you may suffer as a result of publishing your User Submission on our Website.
7. Content of User Submissions
- 7.1 When posting User Submissions you promise that any Content submitted by you does not cause you to breach these Terms including any of your promises as set out in these Terms and in our Policy for Employers and Opportunity Providers.
- 7.2 You agree that all information and details provided by you to us as User Submissions are true, accurate and up to date in all respects and at all times.
- 7.3 When posting User Submissions you promise that you own the Content and have the right to grant the licence set out above and that the Content does not infringe the rights of any third party. You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post such material.
- 7.4 You acknowledge that Content and information relating to you may be publicly visible on our Website and may appear in search engine results provided by third parties, for which we are not responsible.
- 7.5 You agree not to assert against us (and our assignees and licensees) any moral rights or any similar rights in any country in respect the Content included in your User Submissions. Moral rights are certain rights that the owner of a copyright work has in relation to how that work is used.
- 7.6 You agree that you will not post or upload any User Submissions which contain Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of our Services.
- 7.7 We reserve the right to decide whether User Submissions comply with the Content requirements set out in these Terms and whether a User is in Breach and may remove such User Submissions and/or request a User terminates the uploading of any User Submission which is in violation of these Terms at any time, without prior notice and at our sole discretion.
- 7.8 You understand that we shall not be liable to you for any indirect or consequential losses which may be incurred by you, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation suffered by you.
- 7.9 You understand and acknowledge that in using our Website and the Services you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such User Submissions.
8. Intellectual Property Rights
- 8.1 In these Terms Intellectual Property Rights includes any copyright, trademarks and other proprietary rights in relation to code, software, logos, designs, images, photographs, video or audio files, animations, text and other material of Content.
- 8.2 We are the owner of all Intellectual Property Rights on our Website and we either own the Content published on our Website or we have permission from third parties to publish their Content on our Website.
- 8.3 Our Website and those works published on it are protected by copyright laws and treaties around the world. All such rights are reserved. Your use of our Website and its Content grants no rights to you in relation to the Website or the displayed Content.
- 8.4 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, Services, web pages, materials or computer code on our Website other than for your own personal use, or with our express, prior, written consent.
9. Security and Privacy
- 9.1 You must read our Privacy Policy which contains important information about our use of your personal information and other information regarding your privacy and our security processes and policies.
- 9.2 You agree to these Terms in conjunction with our Privacy Policy.