These Terms and Conditions and any other documents we refer to (unless otherwise stated) set out the terms of use governing the use of this website, www.workwiseforscreen.org.uk (our Site) by business users. You should print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated on 15 October 2024.
If you disagree with these Terms and Conditions, you must stop using our Site immediately. The following documents also apply to your use of our Site:
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| Account | means an account required to access certain features on our Site, as set out in Part 7; |
| Contact Tools | means any online communications facility that we make available on our Site enabling you to contact us including, but not limited to, contact forms and live chat; |
| Content | means all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site; |
| Site | means this website, www.workwiseforscreen.org.uk, and any reference to our Site also refers to all Content on it, including User Content, unless expressly stated otherwise; |
| User | means a user of our Site; |
| User Content | means comments on blogs, articles, forum discussion posts shared by Users on our Site; and |
| we/us/our | means Counterculture Partnership LLP, a limited liability partnership registered in England and Wales (company number, OC370322 whose registered office is at Bank Chambers, Main Street, Hawes, North Yorkshire, England, DL8 3QL). |
2.1 Counterculture Partnership LLP currently operates our Site. We provide our Site with the support of the British Film Institute (BFI), awarding National Lottery funding.
2.2 The Programme Director is Keith Arrowsmith, solicitor.
3.1 To contact us by email, please email us at hello@workwiseforscreen.org.uk.
3.2 We provide the following Contact Tools for you to contact us:
Phone
Community notice board
3.3 Our Acceptable Usage Policy, set out in Part 18, applies when using our Contact Tools or contacting us by any other means.
3.4 We may monitor all communications made using our Contact Tools.
3.5 Any personal information sent to us, whether via our Contact Tools or otherwise (including, but not limited to, your name and contact details), will be collected, used, and held in accordance with your rights and our obligations under data protection law, as set out in our Privacy Policy, available from https://www.workwiseforscreen.org.uk/en/privacy-policy
4.1 Access to our Site and Content is free of charge.
4.2 It is your responsibility to make the arrangements necessary to access our Site.
4.3 Access to our Site is provided on an “as is” and “as available” basis. We may suspend or discontinue our Site (or any part of it) at any time. We do not guarantee that our Site will always be available or that access will be uninterrupted. If we suspend or discontinue our Site (or any part of it), we will try to give you reasonable notice of the suspension or discontinuation.
We may alter and update our Site (or any part of it) at any time. If we make any significant alterations to our Site (or any part of it), we will try to give you reasonable notice of the alterations.
6.1 We may alter these Terms and Conditions at any time. If we do so, details of the changes will be highlighted at the top of this page. Any changes made to these Terms and Conditions will apply to your use of our Site the first time you use it after the changes have been implemented. You are advised to check this page every time you use our Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless we explicitly state otherwise.
7.1 Certain features on our Site, such as the ability to share User Content, may require an Account.
7.2 Only Users aged 16 or over may create an Account. If you are under the age of 16 and wish to use the features on our Site that require an Account, your parent or guardian must create the Account for you, and you may only use the Account with their supervision.
7.3 When creating an Account, your information must be accurate and complete. If any of your information changes, you must ensure that your Account is kept up to date.
7.4 It is your responsibility to keep your Account details safe. You must not share your Account details with anyone else. If you believe your Account is being used by someone else without your permission, please contact us using the details in Part 3.
7.5 You must not use another person’s Account without their permission.
7.6 All personal information provided by you in your Account will be collected, used, and held in accordance with your rights and our obligations under data protection law, as set out in our Privacy Policy, available from https://www.workwiseforscreen.org.uk/en/privacy-policy.
7.7 If you wish to delete your Account, you may do so at any time. If you delete your Account, you will no longer have access to the features on our Site requiring an Account. Deleting your Account will result in the removal of your information from our Site. For further details about the retention and deletion of personal data, please refer to our Privacy Policy, available from https://www.workwiseforscreen.org.uk/en/privacy-policy.
7.8 If you delete your Account, any User Content that you have shared on our Site will also be deleted.
7.9 We may disable your Account if, in our reasonable opinion, you have breached these Terms and Conditions.
8.1 Our Site is intended for users in the United Kingdom only. We do not warrant or represent that our Site or its Content are available in other locations or are suitable for use in other locations.
8.2 Our Site is intended for business users only. If you are a consumer, please get in touch with us using the details in Part 3.
9.1 Except for User Content (please refer to Part 11), all Content included on our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by us unless specifically labelled otherwise. The applicable United Kingdom and international intellectual property laws and treaties protect all Content (including User Content).
9.2 Users retain the ownership of the copyright and all other intellectual property rights in their User Content (except any part of any User Content owned by a third party, in which case, Users must obtain express permission for that material to be used in their User Content). For information on the use of User Content, please refer to Part 11.
9.3 You may access, view, and use our Site in a web browser (including any web browsing capability built into other types of software or apps), and you may download our Site (or any part of it) for caching (this usually occurs automatically).
9.4 You may print copies and download extracts of any page(s) from our Site for your own personal or business use only.
9.5 You may download, save and modify any Content from our Site where we clearly indicate that it is available for download for your own personal or business use only.
9.6 You may view and use (including, where applicable, download, save, and modify) User Content in accordance with the permissions set out in Part 11.
9.7 Images, video, audio, or any other Content downloaded from our Site must not be used separately from accompanying text.
9.8 You may distribute any of the Content to third parties for sale or resale (or free of charge), whether as part of a package or as a separate product without first obtaining a licence from us, our licensors, or the relevant User, as applicable. This does not prevent the normal access, viewing, and use of our Site for general information purposes by business users.
9.9 You may not systematically copy, save, or download Content (including User Content) from our Site to create or compile any form of comprehensive collection, compilation, directory, or database without our express written permission (or the permission of the relevant User).
9.10 Unless expressly stated in these Terms and Conditions or on our Site, you may not otherwise reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from our Site without our express written permission (or the permission of the relevant User). For further information about the re-use of Content from our Site, please get in touch with us using the details provided in Part 3.
9.11 Our status as the owner and author of the Content on our Site (or that of identified licensors or Users, as applicable) must always be acknowledged.
9.12 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing specific uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche. Further information is available from the UK Intellectual Property Office.
10.1 User Content on our Site includes blogs, articles, forum discussion posts.
10.2 An Account is required to submit User Content to our Site.
10.3 All User Content and communications with other Users on our Site must comply with the content standards set out in Part 18.
10.4 You warrant that you will comply with Part 10.3. You will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of your warranty. You will be responsible for any loss or damage suffered by us as a result of such a breach.
10.5 We are not responsible for any loss of User Content submitted to our Site. It is your sole responsibility to secure and back up your User Content.
10.6 All User Content is considered non-confidential and non-proprietary. Please refer to Part 11 for more intellectual property rights and licensing information.
10.7 We may reject, reclassify, or remove any User Content from our Site where, in our sole opinion, it violates the terms of our Acceptable Usage Policy in Part 18.
10.8 We have the right to disclose your identity to a third party if that third party claims that any User Content submitted by you infringes their intellectual property rights (including, but not limited to, copyright) or their right to privacy.
10.9 The opinions, views, and values expressed in User Content on our Site are those of the relevant Users and do not represent our opinions, views, or values.
10.10 We do not store any terrorist content.
10.11 If you wish to make a complaint about any User Content, please get in touch with us using the details provided in Part 3.
10.12 If you wish to remove User Content, you may do so by contacting us via email. Please note that caching or references to your User Content may not be made unavailable immediately and may not be made unavailable where they are outside of our reasonable control.
11.1 User Content on our Site and the copyright and other intellectual property rights in that User Content, unless specifically labelled otherwise, belongs to or has been licensed by the User identified along with that User Content. The applicable United Kingdom and international intellectual property laws and treaties protect all User Content.
11.2 You (or your licensors, as appropriate) retain the ownership of your User Content and all associated intellectual property rights. When you submit User Content to our Site, you grant us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content to the extent necessary to operate and promote our Site.
11.3 Subject to the rights to use our Site set out in Part 9, Users may not otherwise copy, distribute, publicly perform, publicly display, reproduce, or create derivative works based upon each other’s User Content without first obtaining the express written permission of the User to whom the User Content in question belongs.
11.4 Unless a particular User expressly states otherwise, you must always acknowledge the identity and ownership status of Users and User Content when re-using another User’s User Content.
12.1 You may link to any page on our Site.
12.2 Links to our Site must be fair and lawful. You must not take unfair advantage of our reputation or attempt to damage our reputation.
12.3 You must not link to our Site in a manner that suggests any association with us (where there is none) or any endorsement or approval from us (where there is none).
12.4 Your link should not use any logos or trademarks displayed on our Site without our express written permission.
12.5 You must not frame or embed our Site on another website without our express written permission.
12.6 You may not link to our Site from another website the main content of which does not comply with the content standards set out in our Acceptable Usage Policy, in Part 18.
13.1 Links to other websites may be included on our Site. Unless expressly stated, these sites are not under our control. We accept no responsibility or liability for the content of third-party websites.
13.2 The inclusion of a link to another website on our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
We may feature advertising on our Site. We are not responsible for the content of any advertising on our Site, including, but not limited to, any errors, inaccuracies, or omissions in such advertising. Each advertiser is responsible for the content of their advertising material.
15.1 Nothing on our Site constitutes professional advice on which you should rely. It is provided for general information purposes only. We are not a legal practice, and our Site is not intended to replace legal or other professional advice. Neither we nor our employees or consultants prepare any document for you or provide you with any legal advice. If you need help to prepare any document, or if you need advice on the suitability of any Content for any purposes or any changes that you do or might need to make to any Content, you should consult a suitably qualified legal or other professional adviser.
15.2 We make reasonable efforts to ensure that our Content on our Site is complete, accurate, and up to date, but to the extent permitted by law, we make no warranties, representations, or guarantees (express or implied) that this will always be the case.
15.3 If you are a business user, we exclude all implied representations, warranties, conditions, and other terms that may apply to our Site and Content.
16.1 Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, death or personal injury resulting from negligence, or any other liability that cannot be lawfully excluded or restricted.
16.2 To the fullest extent permissible by law, we accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content (including User Content) included on our Site.
16.3 We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or any indirect or consequential loss or damage.
16.4 Our Site is intended for business users only. If you are a consumer, you agree that you will not use our Site for any commercial or business purposes and that we shall have no liability to you for any business losses.
17.1 We exercise reasonable skill and care to ensure that our Site is secure and free from viruses and malware; however, we do not guarantee that this is the case.
17.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
17.3 You must not deliberately introduce viruses, malware, or any other material that is malicious or technologically harmful to or via our Site.
17.4 You must not attempt to gain unauthorised access to any part of our Site, the server on which our Site is stored, or any other server, computer, or database connected to our Site.
17.5 You must not attack our Site using a denial-of-service attack, a distributed denial-of-service attack, or any other means.
17.6 By breaching the provisions of Parts 17.3 to 17.5, you may be committing a criminal offence under the Computer Misuse Act 1990. All such breaches will be reported to the relevant law enforcement authorities. We will cooperate fully with those authorities by disclosing your identity to them. Your right to use our Site will cease immediately in case of such a breach.
18.1 You may only use Our Site in a lawful manner:
a) You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
b) You must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
c) You must not use our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind;
d) You must not use our Site to knowingly send, upload, or in any other way transmit unauthorised or unsolicited marketing or similar material (commonly referred to as “spam”);
e) You must not use our Site to bully, threaten, harass, intimidate, insult, annoy, alarm, inconvenience, upset, or embarrass another person;
f) You must not use our Site to harm or attempt to harm minors in any manner; and
g) You must not use our Site, submit User Content, or communicate in any way using our Site that does not comply with the content standards set out in Part 18.7.
18.2 If we provide an interactive service, we will provide clear information about it. We will also inform you of any moderation and whether that moderation is automated or carried out by people.
18.3 We use reasonable efforts to carry out risk assessments for any interactive services that we may offer in order to determine the risks posed to Users from third parties and, on the basis of those risk assessments, decide whether to implement moderation and, if so, what kind.
18.4 We are under no obligation to monitor, moderate, or in any other manner oversee any interactive services provided on our Site. We hereby exclude all liability for any loss or damage arising from the use of any interactive services by a User who breaches the content standards set out in Part 18.7, whether we monitor the interactive service or not.
18.5 Minors may only use the interactive service(s) provided on our Site with the consent and supervision of their parent or guardian.
18.6 When communicating via our Site, uploading User Content, or otherwise interacting with our Site, you must not submit, communicate, or otherwise do anything that:
a) is sexually explicit;
b) in any way sexualises minors (including, but not limited to, child sexual abuse material);
c) is obscene, deliberately offensive, hateful, or otherwise inflammatory;
d) promotes violence;
e) promotes, encourages, incites, or supports acts of terrorism;
f) promotes or assists in any form of unlawful activity;
g) is defamatory of another person;
h) bullies, insults, intimidates, or humiliates another person;
i) discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; nationality; gender; gender identity; sexual orientation; religious or philosophical beliefs; disability; or age;
j) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
k) is calculated or otherwise likely to deceive;
l) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal information in a way that you do not have a right to;
m) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
n) implies any form of affiliation with us, our funders, or any other party where there is none;
o) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, designs, patents, trade marks, and database rights) belonging to us or any other party;
p) is in breach of any legal duty owed to another party including, but not limited to, contractual duties and duties of confidence.
18.7 When communicating via our Site, uploading User Content, or otherwise interacting with our Site, you must ensure that your communication or submission:
a) is truthful and accurate (where you are stating facts);
b) states only genuinely held opinions; and
c) complies fully with any and all local, national, or international laws and regulations that apply.
18.8 If you fail to comply with the provisions of this Part 18, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:
a) Suspend or terminate your right to use our Site;
b) Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
c) Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
d) Any other actions which we deem reasonably appropriate (and lawful).
18.9 We hereby exclude all liability arising from any actions that we may take (including, but not limited to those set out in Part 18.9) in response to your breach.
We will only use your personal information as set out in our Privacy Policy, available from https://www.workwiseforscreen.org.uk/en/privacy-policy and our Cookie Policy, available from https://www.workwiseforscreen.org.uk/en/cookie-policy.
20.1 If we have your contact details and/or if you have an Account, we may send you important notices by email from time to time. Notices may relate to matters including, but not limited to, changes to our Site or to these Terms and Conditions, or to your Account.
20.2 We will not send you marketing emails without your express consent. If you do consent to marketing, you may opt-out at any time. All marketing emails from us include an unsubscribe link. Email marketing options can also be changed in https://www.workwiseforscreen.org.uk/en/profile/dashboard. If you opt out of emails from us, it may take up to five working days for your request to take effect. You may continue to receive emails during that time.
20.3 For questions or complaints about communications from us, please get in touch with us using the details in Part 3.
21.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
21.2 Any dispute, controversy, proceedings, or claim between you and us relating to these Terms and Conditions or to the relationship between you and us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Last updated 11/10/2024