(1) INTRODUCTION
These Terms of Use govern your use of our graduate section on the Network Design International Ltd website; by using our website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.
(2) DEFINITIONS
Network Design International Ltd - NDIL (“we” or “us”) is an online educational tool designed to connect Industry, universities/schools and students worldwide, exclusively within the field of design. The services (the “NDIL Services”) provided by NDIL include our website.
The NDIL Services allows for the uploading and posting of images, information, text, graphics, logos, photographs, moving images, illustrations, sound and other materials, referred to as “User Content.”
Your access to and use of the NDIL is subject exclusively to these Terms of Use being agreed to by you, being either (a) a Visitor to the site or (b) a Registered User of the site with privileges to upload Content onto the site. The term “User”, “You” and “Your” refers to a Visitor, a registered user .
(3) ACCEPTABLE USE
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. Violations of system or network security may result in civil or criminal liability.
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 any device, software or programme to interfere or attempt to disrupt the proper working of the NDIL website or any activity conducted on it, including any action which creates an undue burden on the NDIL network or Services.
You must not use the NDIL Services to send junk email, spam, chain letters, pyramid schemes.
You must not use the NDIL Services for collecting or storing personal information about others, including email addresses.
You must not use the account, username or password of another User at any time.
You must not upload material that contains viruses or other computer programme codes or procedures that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
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.
(4) REGISTERED USERS
Access to certain areas of our website is restricted to Registered Users.
In order to become a Registered User, you must complete the registration process by providing certain information and providing a password.
You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
You acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 5 below.
Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:
(a) the facility to view sections of the site available to Registered users only.
(b) the facility to join website groups, such as forums, and to share information amongst group members;
We will provide registered users with a username and password to enable them to access the restricted areas of our website. Registered users are solely responsible for maintaining the confidentiality of your password and also for all activities that take place under your account. You agree to ensure that you log off from your account at the end of each session and agree to notify us immediately of any unauthorised use of your account or access to your password.
We may disable username and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.
(5) REGISTERED USERS: PRIVACY POLICY
Any personal information supplied to NDIL as part of this registration process will be collected, stored and used in accordance with the NDIL Privacy Policy.
(6) CLIENT USER-GENERATED CONTENT
You are solely responsible for the Content you upload onto the NDIL Services and any links you upload that point to other sites. You also agree that we are acting as a passive conduit for the online distribution and publication of your Content. NDIL reserves the right to take action with regard to your Content, if we believe it falls into our list of prohibited Content.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights (including rights of privacy and publicity), 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).
Your User Content (and its publication on our website) must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, design or patent right, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
(s) impersonate another person for the purpose of misleading others.
Your User Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the Internet.
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.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to User-Generated Content, we do not undertake to monitor the submission of such Content to, or the publication of such Content on, our website.
(7) INTELLECTUAL PROPERTY RIGHTS & LIMITED WARRANTIES
Your User-Generated Content remains your sole intellectual property and copyright and NDIL makes no claim of ownership rights.
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.
In viewing User-Generated Content you acknowledge that:
(a) all Content is the sole responsibility of the person from whom such Content originated.
(b) we do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content.
(c) you may be exposed to Content that is offensive and/or indecent.
(d) NDIL cannot be held responsible for unsolicited email or ‘spam’ sent to a Client User’s published email address.
(e) we take no responsibility for the accuracy of any agreement made between you and any individual or organisation based on the viewing of NDIL Services. All terms negotiated by you and them shall be done at your own risk.
(f) NDIL maintains strong politics regarding the quality of its services and streamline security over its network. In order to do so NDIL reserves the right to have access, examine or serve as a filter as to any mail, e-mail, letter, offering of, or any communication posted or transmitted through NDIL that might be in violation of NDIL Terms of Use.
(g) NDIL abides by its Terms of Use, by what is an Acceptable Use, and by all other sections included in the Terms of Use, and holds no discriminatory politic that might cause any damage or prejudice to any Visitor, Registered User, or any other third party, however, by accepting the Terms of Use, you accept that any content included in any mail, e-mail, post, letter, or in any communication send, run, posted or received by you or by any of your subsidiaries, through NDIL associated companies may be examined or revised by NDIL, authorised for transmission or retransmission by NDIL, with the purpose of protecting of NDIL business platform, from normal business practices, from practices that may violate NDIL Terms of Use or the quality of its business.
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).
(8) DISCLAIMERS AND 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:
(a) 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;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any infringement of copyright from work posted on the NDIL website.
(d) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(e) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control, including -
(i) any error, interruption, omission, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to, or alteration of, any User communication.
(ii) any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of NDIL services.
NDIL website and graduate services are provided on an “as is” and “as available” basis and NDIL makes no warranty that the service will be error-free, uninterrupted, timely or secure or that the service will meet your requirements. You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
(9) 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, or arising out of any claim that you have breached any provision of these Terms of Use.
(13) BREACHES OF THESE TERMS OF USE
Without prejudice to our other rights under these Terms of Use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your Internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(10) 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.
Users may include links to other websites within their Content. NDIL is not responsible for the Content, accuracy or opinions expressed on such websites and such websites are in no way investigated, monitored or checked for accuracy or completeness by NDIL.
The inclusion of linked websites on the NDIL as advertisements or sponsored links does not imply any approval or endorsement of the linked site by NDIL. When you access these third party sites, you do so at your own risk. NDIL takes no responsibility for any third party advertisements that appear on the website, nor does it take any responsibility for the goods and services provided by its advertisers.
(11) NDIL INTELLECTUAL PROPERTY RIGHTS
NDIL intellectual property rights, including our trademarks, logos, designs, trade dress, image or business style are our own sole property and should not be used, copied or misrepresented by you, your business, directly or in an indirect manner, without NDIL authorization anywhere around the world. Any NDIL trademarks, logos, designs, trade dress, image or business style infringement, misuse, misrepresentation or false designation of origin shall be enforced by English Courts (jurisdiction and venue), in accordance with or as English Law may apply.
The software code and applications created by NDIL to generate its pages is also protected by our copyright and shall not be copied or adapted.
The other registered and unregistered trademarks 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.
(12) COPYRIGHT POLICY
It is the policy of NDIL to terminate the accounts of Users who infringe the intellectual property rights of others upon receipt of prompt notification to NDIL by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been used and copied on the NDIL graduate site in a way that constitutes copyright infringement and/or TM infringement, please provide us with the following information:
(a) a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to be infringed.
(b) a description of the copyrighted work that you claim have been infringed.
(c) a description of the location on our site in which this material you claim is infringed is positioned.
(d) information enabling us to contact you, such as your physical address, telephone number and email address.
(e) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
(f) a statement by you that the above information in your notice is accurate and, made under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner’s behalf.
(g) a notice of claim of copyright infringement should be sent to: NDIL to our London address
(13) EXCLUSION OF THIRD PARTY RIGHTS & AGREEMENT
These Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.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.
(14) 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.