Effective as from 30th May 2012
This document (the “Agreement”) is a legally binding agreement between you and Black Women in the Arts Limited, a company registered in the UK under number 5055605, that governs your use of Black Women in the Arts (BWA) website and online video streaming and audio Service (as defined below), both available at Black Women in the Arts website.
1. Contract information
By ticking the ‘I agree’ box or pressing the ‘I Accept’ button when creating a Black Women in the Arts account or by using BWA Service, you confirm that:
You also agree to the termination of any previous BWA Terms and Conditions agreed with Black Women in the Arts Limited, a company registered in the UK under number 5055605 (BlackWomen in the Arts Limited) (if applicable).
2. Changes to the Agreement
Black Women in the Arts may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the BWA Service after such notification of changes to this Agreement will constitute your acceptance of such changes
3. Permission of Use
You are granted a limited non-exclusive, revocable use of BWA video and audio streams. You do not have a right to transfer or sublet your use of this service under this agreement.
REGISTRATION: To fully use Black Women in the Arts Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to BWA and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name, or your chosen artiste name. If you are a business, government, or non-profit entity, you must use the actual name of your organisation. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using BWA Service. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately at email@example.com
OPTIONS: In addition to offering Guest (Free) memberships, we offer Celebrity and Diva Membership. Diva Membership will become available in 2013. Celebrity Membership pricing is a one off non refundable fee of £5.99 payable on registration. Please see our membership pages for current Celebrity and Diva features and pricing. Features and prices are subject to change.
CANCELATION AND REFUNDS: Users who purchase either the Celebrity or Diva Membership do so with the understanding that if they choose to cancel membership to Black Women in the Arts online community that all purchases are final and fees paid is non-refundable. If you have any questions please contact us at firstname.lastname@example.org
OTHER PURCHASES: Purchases of other products and services through Black Women in the Arts Service may be subject to other terms and conditions that are presented to you at the time of purchase
6. Submission of Content
By submitting information, you are stating that you are at least 16 years of age or a minor with parental consent to use the Service, that you are eligible to use the Service, and that you agree to be bound by all these Terms and Conditions.
PLEASE NOTE : All minors are recommended to consult with their parents in respect of these Terms and Conditions before using BWA Service.
7. Code of Conduct
You agree that all information, data, text software, music, sound, photographs, graphics, video, messages or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BWA, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Users are fully responsible for the copyright status of any item uploaded by themselves or people you authorise to upload materials under your account (i.e. using your User ID and Password)
BWA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BWA be liable in any way for any Content, including but not limited to, any errors or omissions, in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to use the Service to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any Content (hereinafter ‘post’) that is unlawful, tortuous, defamatory, harmful or invasive of another’s privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any part, or rights of publicity or privacy of any party unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(e) harm minors in any way, or is deemed culturally inappropriate, or is gender-discriminatory;
(f) transmit Content containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature;
(g) impersonate any person or entity, including, but not limited to, a BWA official or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) forge or manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(i) post or otherwise transmit any unsolicited or unauthorised advertising (including ‘junk mail’ ‘spam’ ‘chain letters’ ‘pyramid schemes’ or any other form of solicitation;
(j) post or otherwise transmit any material that contains software viruses or any other computer code, flies or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(k) interfere with or disrupt the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfering with another user’s use and enjoyment of the Service, including but not limited to (a) transmitting any material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with surreptitiously intercept or expropriate any system, data or personal information, or (b) attempting to gain unauthorised access to the Service, others' accounts on the Service, or private mailing lists on the Service through password mining or any other means;
(l) intentionally or unintentionally violate any applicable local authority, national or international law, including but not limited to UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(m) defame, abuse harass, stall, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(n) collect, store or distribute personal data about other users without their consent;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating ‘crush’ sites;
(p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising;
8. Pay Per View Service
When you purchase Pay Per View Service, you purchase them as ‘Pay As You Use’. You can buy Pay Per View either after you have selected a specific video or videos, or at any time added to your account. You have up to 30 days from the date of purchase (the ‘Start Date’) to view your purchase. The last day is referred to as the ‘Expiry Date’. You can extend your viewing period by purchasing the video again, and again. The extended period may be extended several times in this manner, up to a maximum period of 90 days from the Start Date. This service will be available in 2013
9. Proprietary Rights and Licences
You acknowledge and agree that Content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in the Service or information presented through the Service by BWA or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that BWA can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on BWA mailing lists.
You acknowledge and agree that BWA owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Service, any BWA Content and any data (including Submission Data) generated by Members.
BWA will not pass your personal data to any third party or to any company for the purposes of such party processing your personal data. All data held about users is as supplied upon registration. If you have any questions about the registration process, or our holding of your data under the Data Protection Act 1998, please contact us here .
Except as expressly authorised by BWA or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works based on the Service or Content, in whole or in part.
User’s Proprietary rights: You agree that upon posting any material within a group open to the public on the Service, you grant BWA, and it’s successors and assigns, a non-exclusive, world-wide royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You also grant BWA the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on the Service, by end-users for their personal use.
10. Advertisements and Promotions
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that BWA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11. External links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by BWA of the contents on such third-party web sites. As BWA has no control over such sites and resources, you acknowledge and agree that BWA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from submission (e.g. in discussion forum). You further acknowledge and agree that BWA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk.
Any concerns regarding any external link should be directed to its respective site administrator or web master.
12. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. Use and Storage
You acknowledge that BWA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of video, audio or images that users can use with the Service. You agree that BWA has no responsibility or liability for the deletion or failure to store any content and other Communications or other Content maintained or transmitted by the Service. You further acknowledge that BWA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Local Files
Black Women in the Arts ‘local files’ function permits you to choose to import local files stored on your computer or other relevant device into your account. You may only import or copy files that you have legally acquired, and have the right to import or copy. For instance, you may not use BWA Service to import or copy any music you have illegally downloaded from the Internet.
Black Women in the Arts may change the price for BWA Paid Per View from time to time. In respect of BWA Paid Per View, such changed price will take effect after the expiry of the current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you.
16. Black Women in the Arts interacting with others
Black Women in the Arts Website has the features that allow you to make your profile publicly available, share links to tracks and video to other users of BWA Service and integrate your activities on BWA Service with functionalities offered by third party social networking services including Face book. You may choose whether to use these features of Black Women in the Arts or not. If you use these features, you must respect other users of BWA Service in your interactions with them. BWA reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behaviour will result in your account being terminated and you being blocked from accessing the BWA Service. Examples of behaviour include, but are not limited to:
17. Restrictions of use
To avoid any doubt, you agree that you may not (without limitations):
In addition to the above you agree to take all reasonable care to prevent unauthorised use of BWA Website and BWA Service and its content.
18. Advertising and use of computational resources
As consideration for your rights under this Agreement, you agree that:
19. Customer Support
If you have any questions concerning BWA Website and BWA Service, or this Agreement, please contact BWA customer service by emailing: email@example.com
20. Term and Termination
This Agreement will become effective in relation to you when you have ticked the ‘I agree’ box when creating a BWA account or when you start using BWA Service and will remain effective until terminated by you or BWA.
You acknowledge that BWA does not pre-screen Content, but that BWA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, BWA and its designees shall have the right to remove any Content that violates the Terms and Conditions or which is otherwise in our opinion, objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BWA or submitted to BWA, including without limitation information in BWA News, directory, notice boards and in all other parts of the Service.
BWA will have no liability or responsibility for performance or non-performance of such activities. BWA reserves the right to terminate your participation in the Services.
BWA reserve the right to terminate this Agreement or suspend your BWA account at any time in case of unauthorised, or suspected unauthorised use of BWA Website or BWA Service whether in contravention of this Agreement or otherwise. If BWA terminates this Agreement, or suspends your BWA account for any of the reasons set out in this section, BWA shall have no liability or responsibility to you and BWA will not refund any amounts that you have previously paid.
21. No Warranty
The use of BWA Website and BWA Service (including but not limited to its content) is at your own risk. BWA Website and BWA Service is provided on an ‘as is’ and ‘as available’ basis. To the fullest extent possible under applicable law, BWA gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the BWA Website or BWA Service.
In addition, BWA does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the BWA Website or BWA Service or any hyperlinked websites, or featured in any banner or other advertising. Consequently BWA will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through BWA Website or BWA Service.
As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from BWA shall create any warranty on behalf of BWA in this regard.
22. Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied with any of the Content or the Service or with these Terms and conditions, or any other rules or policies, your sole remedy is to discontinue use of BWA.
You expressly understand and agree that BWA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BWA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
In no event shall BWA, its officers, directors or employees will be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the BWA Website or BWA Service (including but not limited to its content), even if you have advised BWA about the possibility of such loss, and including any damages resulting there from.
Your only right with respect to any problems or dissatisfaction with the BWA Website and the BWA Service is to stop using BWA Website and BWA Service.
Nothing in this Agreement removes or limits BWA liability for fraudulent misrepresentation caused by its negligence.
BWA has the right to alter elements in relation to the services, both on and offline, including aspects such as speaker deletions or changes at events; changes of services offered; changes in access to services.
You agree to indemnify and hold BWA and its officers, directors and employees harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
24. Intellectual Property
Black Women in the Arts respects intellectual property rights, and expects you to do the same. Please note therefore that BWA Website and BWA Service and the content provided through BWA Service is the property of BWA or BWA members and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use BWA Website or BWA Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the BWA Website, which means that (for example) you may not import or copy any music or video which you have not legally acquired and have the right to so import or copy onto BWA Website.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the BWA Website or BWA Service.
25. Technology Limitations and modifications
Black Women in the Arts will make reasonable efforts to keep BWA Website and BWA Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. BWA reserves the right at any time and from time to time, to conduct its maintenance work which may result in temporary interruptions. BWA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of BWA Website and BWA Service with or without notice. You agree that BWA shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
27. Assignment by Black Women in the Arts
Black Women in the Arts may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
28. Entire Agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
30. Governing Law and Disputes
This Agreement shall be governed and constructed in accordance with the laws of the country of your residence. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court or other tribunal closest to your home with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.
31. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Copyright© 2012 - 2014 Black Women in the Arts Limited. All rights reserved.
Black Women in the Arts, 62 Beechwood Road, Hackney, London E8 3DY