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Statement of commitmentsLast updated 30 Aug 2011
Watershed’s online mission includes a commitment to continuously create opportunities for people to come together to make, view and discuss digital work.
To facilitate this mission, the Watershed Group of companies (listed at the end of this Statement of Commitments) manage a number of websites on which digital content is exhibited and opportunities are created to engage in debates and create new networks.
Most of the content you will find on or through the Watershed Group websites has been made in partnership with artists, creative companies, schools, universities or passionate individuals. Some of it has been created by Watershed itself. All of the content is protected by copyright.
This Statement of Commitments sets out the rights and responsibilities of the company in the Watershed Group (“we”, “us”, “our”) that manages this website (this “Site”) and in return we require visitors to this Site and users of the interactive areas of this Site (“you”, “your”) to agree to your rights and responsibilities.
Our aim is to respect the rights of the individuals and organisations who have provided content for this Site and to ensure that their content is used in accordance with their wishes. We also want to ensure that this Site is accessible and a safe environment for all users.
When you use this Site it is important that you make yourself aware of your rights and responsibilities set out in this Statement of Commitments, as by using this Site you agree to abide by this Statement of Commitments.
If you do not agree with these rights and responsibilities, please do not use this Site. If you have any queries over this Statement of Commitments or your rights to view and use any content on this Site, please contact us.
Amendments to this Statement of Commitments
We may revise and update this Statement of Commitments at any time and will indicate at the top of this page when this Statement of Commitments was last revised. Please periodically review the Statement of Commitments, as your continued use of this Site indicates your agreement with any changes that we make.
Contributing Content to this Site
In this Statement of Commitments “Content” includes all text, images, photos, video, audio, software and other material included on this Site.
Content is included on this Site via a number of routes.
Some Content is owned by us, for example any editorial on this Site or any Content posted by our employees as part of their role with us.
Other Content has been provided to us by individuals and organisations as part of a programme, project or other activity in which we or one of the Watershed Group of companies were involved or otherwise facilitated or supported.
Other Content can be posted directly on to this Site via the interactive areas of this Site (“Interactive Areas”).
In this Statement of Commitments, "Contributors" are any individuals, organisations or corporations who provide Content to us that is included on this Site by whatever means. You are a contributor if you post Content to this Site via the Interactive Areas.
Your commitments when using Content on this Site
You acknowledge that we and the Contributors do not charge for the use of this Site or for the Content on this Site. In order to respect the rights of Contributors and to ensure the sustainability of this Site you agree that:
- You can copy, view, stream, download and print Content free of charge for personal or educational use provided that it is acknowledged that this Site is the source of the Content and the address of this Site is included in the copy of the Content.
- When using any Content for these permitted purposes, you must credit the Contributor as the author of the Content in the same manner that the Contributor is credited by us on this Site. If it is not stated who the Contributor of the Content is, you must credit us.
- You are not permitted to copy, view, stream, download or print or otherwise use the Content for commercial or revenue generating purposes. You are not permitted to copy the Content on to other websites or otherwise distribute the Content.
- You must not circumvent or attempt to circumvent any technical protection measures used to protect or monitor use of the Content.
- If any guidelines for use of the Content have been provided by the Contributor and published on this Site by us, you must comply with these guidelines.
- You must ensure that any third parties who obtain copies of the Content from you comply with these commitments.
- If you wish to make any use of Content on this Site other than in the manner permitted by this Statement of Commitments, please contact us with a request for consent.
Your commitments when using the Interactive Areas
You acknowledge that the sustainability of this Site and the success of our mission delivered via this Site will in many ways depend upon the quality and suitability of Content provided by Contributors.
Providing your details before you post content
Before you are able to post Content in the Interactive Areas, we ask you to provide your name and a valid email address and to actively accept this Statement of Commitments, including our Code of Conduct. We ask you to do this as we want to make sure that you understand your particular responsibilities when posting Content to this Site.
We reserve the right at any time to restrict your access to the Interactive Areas, however we will only generally do so where we believe that you have breached this Statement of Commitments. We are under no obligation to reactivate your access once it has been blocked.
The Content you post via the Interactive Areas
You alone are responsible for the content and accuracy of any Content that you post via the Interactive Areas and the consequences of that posting. We will not be responsible or liable to any third party for any Content posted by you or any other users on this Site.
You will ensure that the Content you post via the Interactive Areas does not violate or infringe (a) the rights of any third party including copyright, trade mark, privacy, publicity or other personal or proprietary rights, or (b) our Code of Conduct below.
You must only post Content to this Site that you have created yourself or which you have permission to post. You confirm to us that:
- you own the Content posted by you or otherwise have authority to give us and the other users of this Site the right to use the Content on the terms set out in this Statement of Commitments;
- the posting of the Content via the Interactive Areas does not violate any applicable laws; and
- if the Content posted by you contains information relating to another person, you have the consent of that person for the information to be posted on this Site.
We do not claim any ownership rights in the Content that you post. You retain full ownership of all the Content posted by you via the Interactive Areas, including all copyright and other intellectual property rights.
By submitting content, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to:
- make copies of the Content posted by you to facilitate the posting and hosting of this Site;
- publish, communicate to the public, perform and display the content (in whole or in part) on or through this Site, any other website owned or managed by us and we may credit you as the author of that Content when doing so;
- incorporate your Content in other works in any presentation and any form, media, or technology now known or later developed, for non-commercial purposes (for example in research or funding applications) for the full term of any rights that may exist in that Content, so long as we credit you as the author of that Content when doing so;
- post or display your Content on any Watershed pages, walls or channels on third party websites such as facebook.com, youtube.com, twitter.com for non-commercial purposes so long as we credit you as the author of that Content when doing so; and
- provide copies of your Content to our funders and partner organisations and to allow those partners to use your Content for educational, advocacy or other non-commercial purposes , so long as they credit you as the author of that Content when doing so.
You agree that the rights to your content you grant under this Statement of Commitments are granted without the requirement to pay any fee, royalty, commission or other compensation to you.
You must keep your own copy of your Content
We are unable to guarantee that we will keep copies of your Content for any length of time. We may remove your Content from this Site and delete your Content from our systems at any time for any reason. You are responsible for making back-up copies of your Content that you post to this Site. We are not liable for any loss of or damage to your Content.
Code of Conduct
You are responsible for your activities on this Site and for any Content that you post on this Site. In return for being allowed to use the Interactive Areas, you agree to comply with this code of conduct (“Code of Conduct”) which governs the way in which you may use the Interactive Areas and interact with other users and post Content on this Site.
The Interactive Areas are designed to build a community of interest and provide a facility for individuals to share opinions in a constructive and respectful way. You must respect the other participants in this community when posting of Content. You are expected to conduct yourself in an appropriate way that encourages inclusion and cooperation.
In particular you agree that:
You must not post Content that in our opinion:
- is obscene, pornographic or sexually explicit;
- depicts graphic or gratuitous violence;
- makes threats of any kind or that intimidates, harasses, or bullies anyone;
- is derogatory, demeaning, malicious, defamatory, abusive, offensive, hateful or otherwise objectionable;
- is unlawful, infringing, deceptive, fraudulent, invasive of privacy or publicity rights;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment;
- encourages conduct that would violate or violates any law or advocates illegal activity;
- harms anyone, including minors;
- advertises or solicits business;
- contains restricted or password only access pages or hidden pages or images;
- promotes propaganda and/or symbols of organisations that are unconstitutional or illegal in the UK or any country in which this Site may be accessed; or
- provides a link to any of the above.
When using the Interactive Areas or any services available through this Site, you must not:
- solicit personal information from anyone under 18;
- post any Content relating to another person without that person's consent;
- post any Content where the subject matter of the Content includes any individuals under the age or 18 or other vulnerable individual without obtaining the consent of the applicable parent or guardian;
- harvest or collect email addresses or other contact information from other users or visitors for the purposes of sending unsolicited emails or other unsolicited communications;
- send or make available any unsolicited or unauthorised advertising, promotional materials, "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- use this Site in any unlawful manner or in any way that could damage, disable, overburden or impair this Site;
- use automated scripts to collect information from or otherwise interact with this Site;
- impersonate any person or entity or misrepresent yourself in any way;
- use or attempt to use another person's details or create a false identity on this Site;
- abuse, threaten, intimidate or harass anybody;
- engage in any predatory or stalking conduct;
- use this Site for any illegal or unauthorised purpose; or
- circumvent or modify, or attempt to circumvent or modify, any security technology or software that is part of this Site.
The prohibited actions described in the Code of Conduct will be a material breach of this Statement of Commitments. We reserve the right to delete from this Site any Content that violates this Statement of Commitments. We may also block your access to this Site.
We may disclose your name and contact details where we are required to do so under a subpoena or court order, or following any other request (including criminal and civil matters) if we believe that the response is required by law or is reasonably necessary to protect the values and objectives of this Site or other users.
We may also disclose your name and contact details to any third party who is claiming that any Content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy, although we will try to notify you first before doing this by using the contact details you have provided.
You will reimburse us and the Watershed Group companies for any losses, expenses or liabilities we and they incur as a result of you failing to comply with the Code of Conduct
No Moderation or Monitoring
We will not monitor or moderate any Content on this Site. It is your responsibility to ensure that your Content complies with this Statement of Commitments.
- If you believe that any Content on this Site infringes any intellectual property rights of yours or any third party, or is otherwise contrary to the Code of Conduct, you may send a written notification of that alleged unlawful Content ("Unlawful Content") to us. When doing so you must:
- identify, in sufficient detail, the Unlawful Content so that we can locate the Unlawful Content;
- identify the URL or other specific location on this Site that contains the Unlawful Content;
- state why you believe the content to be Unlawful Content and, in the case of content that is alleged to infringe intellectual property rights, you must state the owner of that intellectual property;
- provide us with any assistance we may reasonably require in order to investigate your notification (we will not cover any costs or expenses incurred by you when doing so);
- include a statement from you that you have a good faith belief that the Content is Unlawful Content and that the information you have provided in your notification is true, accurate and complete in all respects;
- provide us with your name, address, telephone number and email address; and
- submit your notification to Us at email@example.com.
You will reimburse us for any costs, claims, expenses, losses or other liabilities we may incur as a result of you misrepresenting content as Unlawful Content.
We reserve the right to remove or disable access to any Unlawful Content. We reserve the right to block the access to this Site of any person found to have posted Unlawful Content.
Our Intellectual Property
Except for Content that is posted by users in the Interactive Areas and except for other Content that we post on this Site and credit as being owned by a third party, all the Content on this Site and all intellectual property rights (including copyright, trademarks and database rights) arising in that Content and this Site generally are owned by us or our licensors. All such rights are reserved.
"Watershed", "Dshed", “iShed”, “Pervasive Media Studio”, “Sandbox” and other marks used on this Site are our trade marks and may not be used without our prior written permission. You may not use any meta tags or any other hidden text using our names or trade marks without our prior written permission.
Linking to this Site and framing of this Site
You may link to any page on this Site, 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 always make it clear that the content you are linking to came from this Site.
You must not establish a link from any website that is not owned by you. Our site 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 standards reflected in the Code of Conduct.
Links from this Site
We may provide links to third party web sites.
The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of the sites to which we may provide links. We accept no responsibility for theses sites or for any loss or damage that may arise from your use of them.
Viruses, hacking and other offences
You must not misuse this 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 this Site, the servers on which this Site is hosted or any server, computer or database connected to this Site. You must not attack this Site via a denial-of-service attack or a distributed denial-of-service attack.
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 this Site or to your downloading of any material posted on it, or on any website linked to it.
Content, commentary, contributions and any other materials posted on this Site are not intended to amount to advice on which reliance should be placed. These are the personal opinions of the individuals who post such materials and are not necessarily our views or the views of any Watershed Group company.
Therefore, we disclaim all liability and responsibility arising from any reliance placed on those materials by you or any user or visitor to this Site or any third party or by anyone who may be informed of any that material. We do not verify the accuracy or completeness of any Content, content, commentary, contributions or any other materials posted on this Site.
You understand and agree that any material, software and/or data downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material, software and/or data. We are not responsible for any damage caused by the downloading of any material, software and/or data from this Site.
Mention of third party products, services, companies and websites on the Site is for information purposes only and constitutes neither an endorsement nor a recommendation.
Disclaimer of Warranties
You expressly agree that use of this Site is at your sole risk.
We provide no assurances that the Content on this Site is capable of being used by you in the manner envisaged by this Statement of Commitment. We also provide no assurances that the use by you of the Content will not infringe third party rights, such as copyright.
We make no warranty that this Site will be uninterrupted, secure or error free. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time we may suspend or restrict access to this Site in order to carry out repairs, maintenance or to introduce new facilities.
Limitation of Liability
While we have taken care in preparing the contents of this Site, we shall not be liable for any loss or damage arising out of or in connection with your use of this Site. Nothing in this Statement of Commitments shall operate to limit or exclude our liability for death or personal injury caused by our negligence or for fraud (including, but not limited to, fraudulent misrepresentation) or for that which cannot lawfully be excluded. Your statutory rights are not affected.
Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Responsibilities for local law
Access to and the use of this Site and the Content may not comply with the local laws and regulations of a jurisdiction or country outside the United Kingdom. If you are not resident and located in the United Kingdom you should inform yourself of and observe any restrictions imposed by any local laws and regulations.
Watershed Group of companies
The Watershed Group of companies includes:
Watershed Arts Trust Limited. A company registered in England & Wales with no. 01608779 and a registered charity with no. 284188. VAT number 916 2531 38
Watershed Trading Limited. A company registered in England & Wales with no. 01621620.
iShed CIC. A community interest company registered in England & Wales with no. 06097013.
The registered offices of all three companies is: 1 Canon's Road, Harbourside, Bristol BS1 5TX United Kingdom, which is our main trading address.
If you have any questions about these Terms please contact us at Watershed, 1 Canon's Road, Harbourside, Bristol BS1 5TX United Kingdom or at firstname.lastname@example.org.
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