WEBSITE TERMS AND CONDITIONS OF USE

1. TERMS OF WEBSITE USE

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of the website at http://www.openfields.org.uk (the Website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the Website. If you are or become a registered user of the Website, please take particular note of Sections 10 and 11 in relation to any material you may put on the Website.

2.  INFORMATION ABOUT US

The Website is a site operated by Harper Adams University College ("We"). Our address is Newport, Shropshire, TF10 8NB.

3.  ACCESSING THE WEBSITE

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period. The Website is aimed at sharing information with the community. We do not guarantee that the OpenFields project will run for any specific length of time and We reserve the right to close the Website at any time.

If you choose, or you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

4.  INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all material that appears on the Website save where it is expressly stated otherwise. The material that appears on the Website, such as text, graphics and materials, is protected by intellectual property rights, including (without limitation) copyright, design right, registered designs, database rights, registered and unregistered trade marks and passing off rights (Intellectual Property Rights). All such rights are reserved.

Materials on the Website must be used in accordance with any copyright notice displayed on those materials. You should check the details of each copyright notice and ensure that any use made does not fall outside the scope of this. You must retain all copyright and other proprietary notices contained in materials on any copies you make.

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

The aim of the OpenFields website is to encourage the sharing of information that will be useful to the community. Subject to the copyright notice displayed against materials on the Website, we encourage the sharing of information, provided there is no charge made. You may use the materials on the Website within your own library on database, provided you acknowledge the Website and comply with any copyright notice.

5.  INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

We process information about you in accordance with our privacy policy.
By using the Website, you consent to such processing and you warrant that all data provided by you is accurate. You warrant that your name and address and other personal details you provide are accurate.

6. LINKING TO THE WEBSITE

We encourage you to provide links to our Website provided this does not conflict with our aim to share information with the community and complies with these Website Terms and Conditions of Use.

You may link to our pages on our Website, 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 must 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 must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other site. 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 set out in Section 11.

If you wish to make any use of material on our site other than that set out above, please address your request to admin@openfields.org.uk

7.  LINKS FROM THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. By providing links to other sites, we are not endorsing the material that appears on those sites.

8.  RELIANCE ON INFORMATION POSTED

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We cannot guarantee that all or any of the materials on this Website are up to date and we are under no obligation to update such material. 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.

The nature of the Website is to facilitate the dissemination of material. We cannot and do not edit or pre-screen the material submitted to the Website. Accordingly, the submitted material may not always be accurate, up to date or complete. If you believe the material should not be made available or you have any issues relating to the material, please contact us as set out in Section 17.

9.  OUR LIABILITY

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the abovementioned categories.

Nothing in these terms will operate to limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

10.  UPLOADING MATERIAL TO THE WEBSITE/CONTRIBUTING TO THE WEBSITE

Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, for example through inputting comments on the site or, if you are a registered user, contributing to the forum on the site or other interactive services that may be in place from time to time, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, that you either own the Intellectual Property Rights in any material posted or have the prior written consent of the owner of such rights, that the material is accurate and complete and that the material is promptly updated if there are any changes to the material provided.

The Website is aimed at sharing information with the community. We do not guarantee that the OpenFields project will run for any specific length of time and if the project closes, the information stored may not be accessible. Accordingly, We strongly advise you (subject to any copyright permissions) to keep your own copies of any Contributions that you submit to the Website and that you do not rely on the Website as the only copy of your Contributions.

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, 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. However, We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with the content standards set out below.

You agree to indemnify and keep indemnified us, our officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss we may incur (including without limitation legal fees) as a result of any material you submit or any violation by you of your obligations under these terms.

Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Website constitutes a violation of their Intellectual Property Rights, or of their right to privacy.

11.  CONTENT STANDARDS

These content standards apply to any and all contributions which you make to the Website (Contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory.
  • Contain or promote sexually explicit material, violence or any illegal activity.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any Intellectual Property Rights of any other person.
  • Be likely to deceive any person.
  • Be used solely or primarily for advertising purposes.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

If you are concerned about any Contribution, please contact us in accordance with section 17 below.

12.  PROHIBITED USES OF THE WEBSITE

You may use the Website only for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

  • Not to reproduce, duplicate, copy or sell any part of the Website.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the Website;
  • any equipment or network on which the Website is stored;
  • any software used in the provision of the Website; or
  • any equipment or network or software owned or used by any third party.

13.  VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the 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 the Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. You agree to use appropriate anti-virus software to protect your software, equipment and data.

14.  SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of the Website. When a breach has occurred, we may take such action as we deem appropriate, including:

  • Immediate, temporary or permanent withdrawal of your right to use the Website.
  • Immediate, temporary or permanent removal of any posting or material (or part) uploaded by you to the Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

15.  JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16.  VARIATIONS

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Website.

17.  YOUR CONCERNS

If you have concerns about any material that appears on the Website, including if you are concerned that any material breaches your Intellectual Property Rights, please contact manager@openfields.org.uk with a description of the offending material and where it can be located on the Website and full details of your complaint. Please also provide your contact details. We will investigate the complaint and take such action as we consider to be necessary to deal with the complaint.

(issue date 17/12/2009)