Sections in this agreement:
- The Service
- Licences and IPR
- Community Guidelines and Policies
- Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
- Governing Law and Dispute Resolution
- General Provisions
If you have any questions relating to the agreement below, please contact us.
The following agreement (“this Agreement”) describes the terms and conditions on which the Learning and Skills Improvement Agency (“LSIS”) offers you access and use of material found on the Excellence Gateway website (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement (“Terms & Conditions of Service”).
By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the Terms and Conditions of Service”. LSIS only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.
If you do not agree to the Terms and Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. LSIS may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on http://www.excellencegateway.org.uk/. No variation or counter offer of this Agreement will be accepted by LSIS.
1. The Service
1.1 Excellence Gateway provides access to the most comprehensive collection of information and resources, networks and development opportunities, brought together specifically for the further education and skills sector. It supports leaders, managers and practitioners in the development and improvement of work with learners and communities. Excellence Gateway provides the practical help to improve everyday work and innovate in teaching and learning. It also enables you to share your professional knowledge and examples of effective practice with other practitioners.
1.2 You acknowledge that LSIS is a service provider that may allow people to interact online regarding topics and content chosen by users of the Service including the collaborative workrooms, and that users can alter the Service environment on a real time basis. As part of the nature of the Service, LSIS does not always or will not always be able to regulate the content/communications created and made available by users of the Service or otherwise. As a result LSIS has limited control, if any, over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service.
1.3 You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programmes, animations, text and other creative output (“Content”); and (2) Content may be provided by LSIS or by others such as the users of the Service (“Content Providers”).
1.4 You acknowledge that LSIS and other Content Providers have rights in their respective Content under copyright and other applicable laws, and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from LSIS. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.
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2. Licences and IPR
2.1 Users of the Service can create Content in the Service in various forms. LSIS acknowledges and agrees that, subject to the Terms and Conditions of Service, you will retain any and all applicable copyright and any other intellectual property rights with respect to any Content you create using the Service, to the extent that you have such rights under applicable law.
2.2 You agree to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.
2.3 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data LSIS stores on LSIS servers submitted by others. Your intellectual property rights do not confer ownership of others' data stored by or on behalf of LSIS.
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3. Community Guidelines and Policies
3.1 You agree that you shall not:
- (a) take any action of upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
- (b) impersonates any person or entity without their consent, including but not limited to a LSIS employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity;
- (c) upload, e-mail or otherwise transmit Content that violates any United Kingdom law, contract or regulation;
- (d) upload email or otherwise transmit any Content that includes spam advertising, charity requests, petitions for signatures, chain letters or letters relating to pyramid or Ponzi schemes;
- (e) upload email or otherwise transmit any Content that includes any unlawful, threatening, abusive, libellous, defamatory, immoral, obscene, pornographic, profane or otherwise objectionable data and files, including any transmission constituting or encouraging conduct that would violate any local, national or international law and/or give rise to civil and/or criminal liability;
- (f) upload email or otherwise transmit any Content which discloses private or personal matters concerning any person(s) or party(s).
3.2 You agree that you shall:
- (a) maintain the confidentiality of your account username and password and agree not to allow any third party to use your credentials to access the Content on the Service including the collaborative workrooms;
- (b) be responsible for all uses of your account, whether or not actually or expressly authorised by you.
- (c) be solely responsible for the Content that you upload to the collaborative workrooms.
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4. Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
4.1 As a condition of access to the Service, you release LSIS from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that LSIS will have the rights but not the obligation to resolve disputes between users relating to the Service.
4.2 Any Content, or other data residing on LSIS servers or the Service may be deleted, altered, moved or transferred at any time for any reason at LSIS sole discretion without notice and without liability to you or any third party.
4.3 LSIS provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. LSIS hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, LSIS accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.
4.4 To the extent permitted by law, in no circumstances will LSIS be liable to you for any loss resulting from a cause over which LSIS do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.
4.5 In no event shall LSIS be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content.
4.6 You agree to defend, indemnify and hold harmless LSIS and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless LSIS from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.
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5.1 You acknowledge and agree that LSIS, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. LSIS may share general, demographic or aggregated information with third parties about LSIS’s user base and Service usage, but that information will not be include or be linked to any personal information without consent. LSIS agrees that when exercising these rights, it shall abide by the Data Protection Act, 1998 at all times.
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6. Governing Law and Dispute Resolution
6.1 This Agreement and the relationship between you and LSIS shall be governed by and construed in accordance with English law. You and LSIS agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.
6.2 You and LSIS agree to use best efforts to resolve disputes in an informal manner. Where you and LSIS agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and LSIS will agree upon the nature of the expert required and together appoint a suitable expert by agreement.
6.3 Any person to whom a reference is made under Clause 6.2 shall act as expert and not as an arbitrator and her decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.
6.4 You and LSIS shall provide the expert with such information and documentation as she may reasonably require for the purposes of her decision.
6.5 The costs of the expert shall be borne by you and LSIS in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and LSIS in equal proportions.
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7. General Provisions
7.1 This Agreement constitute the entire understanding and agreement between you and LSIS with respect of the subject matter hereof.
7.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
7.3 The rights granted to you or LSIS arising under this Agreement shall not be waived except in writing. Any waiver of any of your or LSIS’s rights under this Agreement or of any breach of this Agreement by you or LSIS shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or LSIS to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
7.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.
7.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
7.6 All or any of LSIS’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of LSIS’s assets.
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