These terms of use (together with the documents referred to in them) set out the terms on which you may make use of our website https://portfolio.arts.ac.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, using or registering to use our site, and/or uploading information or materials to our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them. Note that you will not be able to create a profile as a registered user of the site without actively confirming your acceptance of these terms.
If you do not accept these terms of use, you will not be able to use our site.
2. Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our site:
Our Privacy and Cookie Policy, which sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed and stored by us. When using our site, you must comply with this Privacy and Cookie policy.
· Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
3. Information about us
https://portfolio.arts.ac.uk is a site operated by University of the Arts London (“We” or “the University”). The University is a Higher Education Corporation established under Section 121 of the Education Reform Act 1988, the registered office of which is at 272 High Holborn, London WC1V 7EY;
4. Changes to these terms
We may revise these terms of use at any time by amending this page. Any changes that we make will apply to your use of our site with effect from the date of the change, but will not apply retrospectively to materials or information which you have already uploaded to our site.
We will post a general notification of any changes on our site but we will not contact users individually to notify you of changes. We advise you to check this page from time to time to take notice of any changes we made, as they are binding on you.
5. Changes to our site
We may update our site from time to time, and we and our Users may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
6. Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
7. Uploading content to our site
Our site allows you to upload content, including photos, comments, links and other materials. It is intended that our site is to be used primarily as a showcase for your work and other work which is of interest to you and which you think may be interesting to others. Anything that you post or otherwise make available on our site is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you upload on our site.
Whenever you make use of the feature that allows you to upload User Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms and conditions and our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We allow you and other users to upload User Content but we do not endorse the User Content in any way. The views expressed by other users on our site do not represent our views or values.
We have the right to remove any User Content you upload to our site if, in our opinion, your post does not comply with the content standards set out in these terms and conditions and our Acceptable Use Policy.
We respect the intellectual property rights of others and expect our users to do the same.
In respect of each item of User Content that you upload onto our site, you warrant that either (a) you are the owner of all intellectual property rights in the User Content; or (b) you are licensed by the owner of the intellectual property rights to upload the User Content to our site. If you upload User Content in which you do not own the intellectual property rights, you agree to credit the owner in your User Content.
We may at our discretion, disable and/or terminate your account if you infringe or are charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner, or are authorised to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our site by following the “Report Abuse” instructions in section 19. If we receive notice of any alleged infringement of intellectual property rights we will take whatever action, in our sole discretion, we consider appropriate, including removal of the alleged infringing User Content from our site.
8. How we and other users can use your User Content
You grant us and other users of the site a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, copy, modify, create derivative works, perform and distribute your User Content on our site. You also grant us a licence on the same basis to use, store, display, reproduce, copy, modify, create derivative works, perform and distribute your User Content on our other websites and social media sites. If you do not consent to this use of your User Content you should not upload it.
Nothing in these terms of use shall restrict other legal rights which we may have to User Content, for example under other licences. We reserve the right to remove or modify User Content for any reason, including if we believe that it violates our policies, including but not restricted to our Acceptable Use Policy.
Following termination or deactivation of your account, or if you remove any User Content from our site, we may retain your User Content for a period of up to 12 months for backup, archival, or audit purposes. Following the expiry of that period we will delete your User Content.
It is your responsibility to ensure that you download or backup to your own device your user Content before we destroy it as we will not give you any further notification of its impending deletion.
Note also that we and our users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through our site before its removal or deletion [without limitation in time].
10. Your account and password
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.
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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at digitalteamsupport@arts.ac.uk.
Once you have created an account then, subject to compliance with these terms, you will be able to access it for 2 years following your graduation.
11. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (other than User Content). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
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.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
13. Limitation of our liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We will not be responsible or liable to you or to any third party for the content or accuracy of any User Content posted by you or any other user of our site.
14. Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.
15. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
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 to our site in any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms and conditions and our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact: digitalteamsupport@arts.ac.uk.
16. Third party links and resources in our site
Where our site 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.
17. Applicable law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.