CREATIVE OPPORTUNITIES WEBSITE TERMS OF USE

These terms and conditions ("Terms") apply to your use of the Website (as defined below) to browse and/or apply for Opportunities (as defined below), whether as a guest or a registered user. If you are a Recruiter or Organisation (each as defined below) you will be subject to UAL's terms and conditions for Recruiters and Organisations which can be accessed here.

By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Website.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, the following words and expressions have the following meanings:

"Application" means your application for an Opportunity;

“Opportunities" any employment opportunity, internship, volunteer work, scholarships, competitions details of which are uploaded to or posted on the Website by Organisations or Recruiters or by UAL on behalf of Organisations or Recruiters;

“Organisation" means any of the following:

(a) a user who uses the Website to advertise Opportunities on its own account in relation to Opportunities within its own organisation and, where the context so requires, any employee or other representative of an Organisation who uses the Website on the Organisation’s behalf; or

(b) non-profit recruitment agencies; or

(c) non-profit job boards.

"Posting" means advertisements for or descriptions of Opportunities which appear on the Website;

"Recruiter" means a user which is a for-profit entity that uses the Website to advertise and recruit for Opportunities as an agent operating on behalf of a third party

"UAL" means The University of the Arts London;

"User Content" means any information, materials, or other content that is posted, uploaded or submitted or to the Website by a user, including, but not limited to, Postings;

"You" means the person using the Website;

"Your Content" means any User Content which is uploaded, posted or submitted by you, including the Curriculum Vitae (CV) or other documents;

"Website" means the website at http://creativeopportunities.arts.ac.uk/ which is operated by UAL.

2. ABOUT UAL

UAL is a higher education corporation and exempt charity for the purposes of the Charity Act 1993. Its main place of business is at 272 High Holborn, London, WC1V 7EY.

3. PRIVACY

3.1     UAL’s Privacy Policy is available here.

3.2    Your privacy and personal information are important to UAL. Any personal information that you provide to UAL will be dealt with in line with the UAL Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact UAL and supervisory authorities if you have a query or complaint about the use of your personal information.

4. CHANGES TO THE WEBSITE AND THESE TERMS

4.1 UAL may amend these Terms at any time by amending this page. Every time you wish to use the Website, please check this page from time to time to understand the terms that apply at the time, as they will be binding on you.

UAL may update the Website from time to time and the content may change. However, UAL is under no obligation to update the Website and content may be out of date at any time. UAL will try to give you reasonable notice of any major changes.

5. ACCESS TO THE WEBSITE

5.1 Access to the Website is free of charge.

5.2 You acknowledge and agree that:

5.2.1 UAL does not guarantee that the Website or any content on it will always be available or uninterrupted;

5.2.2 access to the Website is on a temporary basis and UAL may suspend, withdraw, discontinue,change or restrict the availability of all or any part of the Website. UAL will try to give you reasonable notice of any suspension or withdrawal;

5.2.3 you are responsible for making all arrangements necessary to access the Website and for ensuring that all persons who access the Website through your internet connection comply with these Terms;

5.2.4 the content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website;

5.2.5 although UAL makes reasonable efforts to update the information on the Website, UAL makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date;

5.2.6 UAL is committed to making its websites accessible, in accordance with the Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018. Further information can be found here.

6. REGISTRATION

6.1 You may be required to register as a registered user to access certain parts of the Website and carry out certain activities on the Website.

6.2 By registering to use the Website you warrant that:

6.2.1 all information provided on registration is accurate, current and complete; and

6.2.2 you will update UAL with any changes to your registration information, including but not limited to changes to any email addresses.

6.3 If you are given or you choose a username and password for the Website then you must:

6.3.1 protect your username and password from unauthorised use;

6.3.2 treat your username or password as confidential and not disclose your username or password to anyone else, or allow anyone else to use them, or assist anyone else who is not a registered user to access areas of the Website which is restricted to registered users; and

6.3.3 notify UAL immediately if you believe your password is known to someone else or may have been used in an unauthorised way.

6.4 UAL has the right to disable any user identification code or password, whether chosen by you or allocated by UAL, at any time, if in UAL’s reasonable opinion you have failed to comply with any of the provisions of these Terms.

6.5 UAL reserves the right at its absolute discretion to refuse any request for registration, or to cancel any existing registration, for any reason whatsoever.

7. USE OF THE WEBSITE

7.1 You may use the Website only for lawful purposes. You must not use the Website or allow any other person to use the Website:

7.1.1 to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

7.1.2 to disrupt, interfere with or restrict the use of the Website by other users;

7.1.3 in any way that breaches any applicable local, national or international law or regulation;

7.1.4 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose oreffect;

7.1.5 for the purpose of harming or attempting to harm anyperson;

7.1.6 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms; or

7.1.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

7.2 You agree not to:

7.2.1 impersonate any other person or create a false identity via or in connection with your use of the Website;

7.2.2 use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than any search engine and search agents available from UAL on the Website and other than generally available third party web browsers (e.g. Microsoft Internet Explorer, Chrome, Safari); or

7.2.3 reproduce, duplicate, copy or re-sell any part of the Website in breach of these Terms; or

7.2.4 access without authority, interfere with, damage or disrupt:

(a) any part of the Website;

(b) any equipment or network on which the Website is stored;

(c) any software used in the provision of the Website; or

(d) any equipment or network or software owned or used by any third party.

7.3 If you wish to complain about User Content uploaded by other users, please contact us on jobsonline@arts.ac.uk

8. UPLOADING OR SUBMITTING CONTENT

8.1 Your Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and any other country from which it is sent.

8.2 Your Content must not:

8.2.1 be defamatory, deceptive or misleading, obscene, offensive, sexually explicit, hateful or inflammatory or likely to harass, upset, embarrass, alarm or annoy any other person or invade any person's privacy;

8.2.2 promote discrimination on race, sex, religion, nationality, disability, sexual orientation or age, sexually explicit material, violence or any illegal activity;

8.2.3 infringe any copyright, database right or trade mark of any person;

8.2.4 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.2.5 give the impression that it emanates from UAL, if this is not the case; or

8.2.6 advocate, promote, incite any party to commit, or assist any unlawful act; or

8.2.7 contain any advertising or promote any services or web links to other websites.

8.3 You warrant that Your Content will comply with the standards set out in these Terms and you will be liable to UAL and indemnify UAL for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

8.4 You grant the following worldwide, royalty free, perpetual, non-exclusive, transferable licences in relation to Your Content:

8.4.1 a licence for UAL to use Your Content for all purposes set out in or contemplated by these Terms;and

8.4.2 a licence for other users (including but not limited to Recruiters and Organisations) to use Your Content in connection with their use of the Website.

8.5 UAL may disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.

8.6 UAL may, in its absolute discretion, remove all or any of Your Content from the Website if, in its opinion, it does not comply with these Terms.

8.7 You are solely responsible for securing and backing up Your Content.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 UAL is the owner or the licensee of all intellectual property rights in the Website and the material on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use. You must not modify those materials in any way or use any of the illustrations, photographs, video or audio material or graphics separately from the accompanying text. UAL's status (and that of any identified contributors) as the author of content on the Website must always be acknowledged.

9.3 You must not use any part of the content of the Website for commercial purposes.

9.4 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. LINKING TO THE WEBSITE

10.1 You may link to the homepage of the Website provided you do so in a way which is fair and legal and does not damage UAL's reputation or suggest any form of association, approval or endorsement by UAL where noneexists.

10.2 You must not establish a link to the Website in any website that is not owned by you.

10.3 The website from which you link must not contain material which, if it appeared on the Website, would be a breach of these Terms. You must not frame the Website on any other website, or link to any part of the Website other than the homepage. UAL reserves the right to withdraw linking permission without notice at its discretion.

11. LINKS TO OTHER WEBSITES

The Website may contain links to other websites which do not belong to UAL and which UAL has no control over. Links to other websites are provided for information only and should not be interpreted as endorsements of those websites and UAL accepts no liability for such other websites.

12. UAL'S LIABILITY

12.1 UAL does not exclude or limit in any way its liability to you where it would be unlawful to do so, including but not limited toliability for death or personal injury caused by UAL's negligence, and UAL's fraud or fraudulent misrepresentation.

12.2 UAL does not make any warranty, representation or guarantee in relation to the identity, intentions or conduct of any Recruiter or Organisation or the suitability of any Opportunity.

12.3 UAL has no control over, and is not responsible for, the content or accuracy of the User Content including, without limitation, the Postings or the conduct of Recruiters or Organisations.

12.4 Applications are assessed by the Recruiter or Organisation listed in the relevant Posting and all decisions relating to Applications and Opportunities are taken by the Recruiter or Organisation and not by UAL. Any requests for information relating to your Application should be addressed to the Recruiter or Organisation

12.5 You acknowledge and agree that we have no liability to you for any act or omission by any Recruiter or Organisation including, without limitation, any negligence by a Recruiter or Organisation or breach by a Recruiter or Organisation or any contract between you and a Recruiter or Organisation.

12.6 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

12.7 Please note that UAL only providesthe Website to you for domestic and private use. You agree not to use the Website for any commercial or business purposes, and UAL have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. SECURITY

13.1 You acknowledge that the transmission of information via the internet is not completely secure. UAL does not guarantee the security of any information that you transmit to or via the Website. Any such transmission will be at your own risk.

13.2 UAL does not guarantee that the Website will be secure or free from bugs or viruses.

13.3 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

13.4 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. UAL will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

14. BREACH OF THESE TERMS

14.1 If you breach of any of these Terms, UAL may:

14.1.1 immediately suspend or cancel of your right to use the Website;

14.1.2 remove of any or all of Your Content

14.1.3 take legal proceedings against you;

14.1.4 take disciplinary proceedings against you (if you are one of UAL's students); and/or

14.1.5 disclose of such information about you to law enforcement authorities as is required by law or as UAL reasonably believe is necessary or as required by law.

14.2 The actions UAL may take are not limited to those described above, and UAL may take any other action it reasonably deems appropriate.

14.3 YOU AGREE TO INDEMNIFY UAL AND KEEP IT FULLY INDEMNIFIED FROM AND AGAINST ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL EXPENSES), DAMAGES AND LOSSES ARISING OUT OF ANY BREACH BY YOU OF THESETERMS.

15. OTHER IMPORTANT TERMS

15.1 These Terms, their subject matter and formation, shall be governed by and construed in accordance with English

15.2 The Courts of England and Wales will have non-exclusive jurisdiction to determine any matteror dispute in connection with these Terms or the use of the Website except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4 If UAL fails to insist that you perform your obligations under these Terms or does not enforce or delays in enforcing its rights under these Terms, that does not mean that UAL has waived those rights or that you do not have to comply with your obligations. If UAL does waive a default by you, it will only do so in writing and that will not mean that UAL will automatically waive any later default by you.

15.5 UAL may transfer its rights and obligations under these Terms to another organisation. UAL will always tell you in writing if this happens and will ensure that the transfer will not affect your rights.

15.6 If you have any queries or comments about these Terms, you can e-mail UAL at jobsonline@arts.ac.uk