Creative Commons License

Terms and Conditions

Electronic Village Galleries Pilot Project

Terms of Use

February 2011

General Information
Electronic Village Galleries web site is part of a pilot research project undertaken by staff at University College Falmouth and funded by Arts Council England.  It provides an online platform for distribution of network and new media art to Cornish village halls and to the international new media art community.

Registered  Users
Although much of the website is available to the public, certain services are available only to individuals who have registered as members.  Members will have access to additional features on our website such as: the facility to post comments and to share information amongst group members, including text, images, audio material, video material and audio-visual material.

You must be at least 18 years of age to become a member. By clicking "I Agree" you agree to be bound by the terms of this Agreement. To register as a Member, you must provide your email address, a password, and your name. This personal information, along with any demographic information you provide, is stored in an electronic file (your ‘profile) and/or on our database. We hold all your personally identifying information in strict confidence, in accordance with our Privacy Policy.

Your Content
Your user content is covered by Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.  Details can be accessed here: http://creativecommons.org/licenses/by-nc-sa/3.0/

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).  

You are responsible for all text, information, and other material that you contribute to Electronic Village Galleries whether as comments, curated exhibitions, artworks or any other interactive feature of the website, or that is contributed from your e-mail address, by any person (collectively, "Your Content"). For the purposes of this Agreement, Your Content does not include material submitted for exhibition in the village halls, which is governed by separate agreements.

To contribute Your Content, either: 1) you must own all intellectual property and other rights in and to Your Content; or, 2) you have the right to contribute works owned or controlled in part by another, in which case you must submit with your contribution a statement describing
how and by whom you are authorized to contribute the work. In no event may you contribute any content protected by copyright, trademark, patent, or other right without the permission of the holder of such intellectual property or other rights.

If your work incorporates parts of works created by others, you may do so on a claim of fair use or by license or express permission.  If you use works pursuant to a Creative Commons license, a link to the license, and your compliance with the license terms, may provide the necessary authorization. If you use CC-NC works, please include the legend "NOT FOR COMMERCIAL DISTRIBUTION."

Electronic Village Galleries reserves the right to: (a) edit, adapt or otherwise make changes to Your Content; (b) not include Your Content in the Electronic Village Galleries web site; and (c) remove some or all of Your Content, without notification, from our servers, from the Electronic Village Galleries web site and from any other form or media.

Acceptable use

Although Electronic Village Galleries encourages thoughtful criticism, Your Content may not include any material that defames any person, invades or infringes their rights of privacy or publicity, violates copyrights or other intellectual property rights or that is otherwise unlawful.  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 of use. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not 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. You must not 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. You must not use our website to transmit or send unsolicited commercial communications. You must not use our website for any purposes related to marketing without our express written consent.

Limited warranties
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations of liability
Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

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

•    We will not be liable for any consequential, indirect or special loss or damage;

•    We will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

•    We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

Neither Electronic Village Galleries nor its officers, directors, employees, agents representatives, information providers, or licensors (“affiliates”) endorse, represent or warrant the accuracy, reliability, timeliness, or completeness of any opinion, statement or other material on the Electronic Village Galleries web site or that the same is non-defamatory, non-infringing of copyright or other rights, or otherwise lawful.  You acknowledge that any reliance on or use of such opinion, statement or material shall be at your sole risk.

Neither Electronic Village Galleries nor its affiliates warrant that the Electronic Village Galleries web site will be available on a timely basis, or will be uninterrupted or error free.  The Electronic Village Galleries web site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose.

In no event shall Electronic Village Galleries or its affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Electronic Village Galleries web site.

You agreed to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

Indemnity
You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

Right to Terminate Membership

Electronic Village Galleries reserves the right to terminate this Agreement, your Electronic Village Galleries Membership at any time in the event that it considers, in its sole discretion,
any conduct by you, including Your Content, to violate the terms of this Agreement.

Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks
Registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

Variation
We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.  

Entire agreement
These terms of use together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.