End User Engagement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CONNECTEDCREATIVES.CO.UK

  1. Definitions

      • The following definitions are used throughout this agreement:
    “Authorised Users” those Pupils and Teachers of the School who are authorised by the School to use our Site, as further described in clause 11.2.3.
    “Author” the Pupil who has created the relevant Content.
    “Business Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
    “Content” written material (including but not limited to) poetry, stories, song lyrics, articles, graphic novels and front cover drawings.
    “Data Protection Legislation” the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
    “Emoticons” a visual representation of an expression or feeling used in electronic communications such as a ‘smiley face’ or a ‘thumbs up’ symbol.
    “Initial Subscription Term” the initial term of this agreement as set out in the Contract Details.
    “Renewal Period” the period described in clause 19.1.
    “Peer Users” Pupils and other students who are subscribers to the Site albeit at different schools.
    “Public Platform” the public area of the Site that allows Peer Users to see Content posted by Authors.
    “Pupil” a pupil at the School who is also a subscriber to the Site.
    “School” the school that has entered into this contract with us as set out in the Contract Details.
    “Site” as defined in clause 2 below.
    “Subscription Fees” the subscription fees payable by the School to us for the User Subscriptions, as set out in the Contract Details.
    “Subscription Term” has the meaning given in clause 19.1  (being the Initial Subscription Term together with any subsequent Renewal Periods).
    “Teacher” a teacher at the School who is also a subscriber to the Site.
    “UK Data Protection Legislation” all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
    “User Subscriptions” the user subscriptions purchased by the School pursuant to clause 13.1 which entitle Teachers and Pupils to access and use our Site in accordance with this agreement.
    “Virus” any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
    “you” the School.
    • A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
    • Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
    • Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
    • A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement and shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
    • A reference to writing or written includes e-mail.

  2. Who we are and how to contact us

    • Connectedcreatives.co.uk is a creative writing platform (our “Site“) is a Site operated by Connected Creatives Ltd (“we”, “our”, “us”). We are a limited company registered in England and Wales under company number 11079149 and have our registered office [and main trading address] is at 83 Ducie Street, Manchester, M1 2JQ.
    • To contact us, please email support@connectedcreatives.co.uk.
    • By using our Site, you confirm that you accept these terms and that you agree to comply with them.
    • You shall, and shall procure that all Authorised Users will be made aware of, understand and comply with, these terms of this agreement of our Site at all times during the Subscription Term.
    • If you do not agree to these terms, you must not use our Site.
    • We recommend that you print a copy of these terms for future reference.
    • These terms of use refer to the following additional terms, which also apply to your use of our Site:
    • We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

  3. How it works

    • We have developed a platform made available to subscribers via the internet on a pay-per-use basis for the purpose of encouraging creative writing and peer to peer reviews amongst pupils in schools nationwide.
    • Content may be written directly on our Site or uploaded by Pupils or Teachers.
    • In the first instance, Content produced by the Author will only be able to be sent to his Teacher for feedback.
    • On receipt of Teacher feedback, the Author may either:
      • choose to publish his Content directly onto the Public Platform; or
      • edit his Content and re-submit such revised Content to the Teacher; or
      • retain his Content on the Site for his personal use; or
      • delete such Content.
    • If the Author wishes to publish his Content on the Public Platform, Peer Users will be able to give feedback to the Author on his Content by use of Emoticons which will be viewable by all Peer Users.
    • If a Peer User wishes to give written feedback on Content to its Author, such feedback will first be reviewed and vetted by the Teacher of the relevant Author to ensure the feedback complies with our policies set out in clause 11. If such written feedback is compliant, it may be sent directly to the Author by the Teacher. Any and all written feedback from Peer Users will be private and only seen by the Author and Teacher at any stage.

  4. Uploading Content to our Site

    • Whenever you make use of a feature that allows you to upload Content to or create Content on our Site, or to make contact with Peer Users of our Site, you must comply with the Content standards set out in this agreement.
    • You warrant that any such contribution including feedback does comply with those standards, and you will be liable to us and indemnify us 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.
    • Any Content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence to store and copy that Content and to make it available to third parties.
    • We also have the right to disclose your identity to any third party (only where necessary and required) who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the Content standards set out in this agreement.
    • You are solely responsible for securing and backing up your Content.

  5. Content

    • Content is not approved by us.
    • Content is reviewed by the Author’s Teacher, and the School is solely responsible for such Content.
    • Our Site may include information and Content uploaded by other users of the Site. This information and this Content have not been verified or approved by us. The views expressed by Peer Users and Teachers on our Site do not represent our views or values.
    • If you wish to complain about Content uploaded by Peer Users and Teachers please contact us using the details set out in clause 2.2.

  6. How you may use Content on our Site

      • We are the owner or the licensee of all intellectual property rights in our Site. The Author is the owner of all intellectual property rights in his Content.  All such intellectual property rights are protected by copyright laws and treaties around the world. All such rights are reserved.
      • Neither Authorised Users nor the School are authorised to download, collate or distribute Content on our Site without the express prior permission of each relevant Author.
      • Only an Author is allowed to share his own Content to a third party email address but shall not be authorised to share other Authorised User Content to third parties.
      • You shall not access all or any part of our Site in order to build a product or service which competes with our Site.
      • Our status (and that of the Authors) on our Site must always be acknowledged.
      • You and Authorised Users must not use any part of the Content on our Site for commercial purposes without express prior written permission from us and the relevant Author.
      • You shall not (and shall ensure that the Teachers and Pupils shall not) access, store, distribute or transmit any Viruses, or any Content during the course of its use of the Site that:
        • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
        • facilitates illegal activity;
        • depicts sexually explicit images;
        • promotes unlawful violence;
        • is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
        • is otherwise illegal or causes damage or injury to any person or property;

    and we reserve the right, without liability or prejudice to its other rights to you, to disable your access to any Content that breaches the provisions of this clause.

  7. Rights you are giving us to use Content you upload or post to our Site

    • When you upload or post Content to our Site, you grant us a sole licence under copyright to do the following acts in the Territory for the term of this agreement, subject to, and in accordance with, the terms of this agreement:
      • reproduce the Content on the Site; and
        • reproduce the Content in any advertising or promotional material relating to the Site.

  8. Our obligations

    • This agreement shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this agreement.
    • We have and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this agreement.

  9. Your obligations

      • You shall:
        • provide us with:
          • all necessary co-operation in relation to this agreement; and
          • all necessary access to such information as may be required by us;

    in order to provide access to our Site;

      • without affecting its other obligations under this agreement, comply with all applicable laws and regulations with respect to its activities under this agreement;
      • ensure that the Authorised Users use our Site in accordance with the terms and conditions of this agreement and shall be responsible for any Authorised User’s breach of this agreement;
      • ensure that its network and systems comply with the relevant specifications provided by us from time to time; and
      • be, to the extent permitted by law and except as otherwise expressly provided in this agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to our data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

  10. User subscriptions

    • Subject to the restrictions set out in this clause 11 and the other terms and conditions of this agreement, we hereby grant to the School a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users to use our Site during the Subscription Term.
    • In relation to the Authorised Users, the School undertakes that:
      • it will not allow any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use our Site;
      • each Authorised User shall keep a secure password for his use of our Site; and
      • it shall maintain a written, up to date list of current Authorised Users and provide such list to us within 5 Business Days of our written request at any time.
    • You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our Site and, in the event of any such unauthorised access or use, promptly notify us.
    • The rights provided under this clause 11 are granted to you, the Teachers and the Pupils only.

  11. Charges and payment

    • You acknowledge that the Site is being made available for a limited period on a fee trial basis and that use of the Site after this initial trial period will be subject to the agreement of appropriate pricing and payment terms acceptable to us our absolute discretion.

  12. You must keep your account details private and safe.

    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    • We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
    • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in clause 2.2.
    • We will only use your personal information as set out in our Privacy Policy.

  13. Data Protection

    • We shall, in providing our Site, comply with our Privacy Policy relating to the privacy and security of the Content available at connectedcreatives.co.uk or as otherwise as may be notified to the School from time to time, as such document may be amended from time to time by us in our sole discretion.
    • Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 15 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
    • The parties acknowledge that:
      • if we process any personal data on your, the Teacher’s or the Pupil’s behalf when performing our obligations under this agreement, you, the Teacher or the Pupil (as relevant) are the controllers and we are the processor for the purposes of the Data Protection Legislation; and
      • the personal data may be transferred or stored outside the EEA or the country where you are located in order to carry out the obligations under this agreement.
    • Without prejudice to the generality of clause 15.2, we shall, in relation to any personal data processed in connection with the performance by us of its obligations under this agreement:
      • process that personal data only on the documented written instructions of you unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us and/or Domestic UK Law (where Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK) to process personal data (Applicable Laws). Where we are relying on Applicable Laws as the basis for processing personal data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying the School;
      • not transfer any personal data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled:
        • you or us have provided appropriate safeguards in relation to the transfer;
        • the data subject has enforceable rights and effective legal remedies;
        • we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
        • we comply with reasonable instructions notified to it in advance by you with respect to the processing of the personal data;
      • assist you, at your cost, in responding to any request from a data subject;
      • notify you without undue delay on becoming aware of a personal data breach;
      • at your written direction, delete or return personal data and copies thereof to you on termination of the agreement unless required by Applicable Law to store the personal data; and
      • maintain complete and accurate records and information to demonstrate its compliance with this clause 15 and immediately inform us if, in the opinion of the VAR, an instruction infringes the Data Protection Legislation.
    • Each party shall ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it).
    • Either party may, at any time on not less than 30 days’ notice, revise this clause 15 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

  14. We are not responsible for websites we link to

    • Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
    • We have no control over the contents of those websites or resources.

  15. We are not responsible for viruses and you must not introduce them

    • We do not guarantee that our Site will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
    • You must not misuse our Site 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 our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

  16. We may make changes to our Site

    • We may update and change our Site from time to time to reflect our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
    • We may suspend or withdraw our Site.
    • We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • Our Site is directed to people residing in the United Kingdom only.

  17. Termination

      • Notwithstanding the other provisions of this agreement, this agreement shall be for an initial trial period until 31st August 2018 (“Trial Period“) and shall terminate automatically at the end of the Trial Period unless we agree, in our absolute discretion, to extend the Trial Period.
      • This agreement shall, unless otherwise terminated as provided in this clause 19 commence on the date of the last signature on the Contract Details and shall continue for the Initial Subscription Term and, thereafter, this agreement shall be automatically renewed for successive periods of 12 months (each a “Renewal Period“), unless:
        • either party notifies the other party of termination, in writing, at least [60 days] before the end of the Initial Subscription Term or any Renewal Period, in which case this agreement shall terminate upon the expiry of the applicable Initial Subscription Term or Renewal Period; or
        • otherwise terminated in accordance with the provisions of this agreement;

    and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the “Subscription Term“.

    • Without affecting any other right or remedy available to us, either we and you may terminate this agreement immediately if the other breaches any term of this agreement including if:
      • the other party fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment;
      • the other party commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
      • the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the Insolvency Act 1986;
      • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 19.2.3; or
      • the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
    • When an Authorised User leaves the School, the relevant User Subscription will terminate and all of his Content shall be deleted by [us] [you].
    • Subject to clause 19.5, when a User Subscription terminates for whatever reason, the School and remaining Authorised Users shall continue to be a party to this agreement.
    • Upon termination of this agreement with the School for any reason, [all Content by Authorised Users at the relevant School shall be deleted from our Site by [us] [you] on the date of termination of this Agreement].
    • If this agreement is terminated under this clause 19.1, we will retain the Subscription Fees and you will not be entitled to a full or partial refund.
    • Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
    • On termination of this agreement for any reason:
      • all licences granted under this agreement shall immediately terminate and you shall immediately cease all use of our Site;
      • we may destroy any of the personal data and Content in our possession in accordance with clause 15.4.3; and
      • any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.

  18. Our responsibility for loss or damage suffered by you

      • Whether you are a Pupil, Teacher or School, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      • Without prejudice to the other clauses in this clause 19, our liability to you in respect of this agreement (including any liability for the acts or omissions of our employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the amount of the Subscription Fees paid (if any) over the prior 12 months of the date of the claim.

    If you are the School:

      • You shall defend, indemnify and hold harmless us against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of our Site.
      • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it (including Content).
      • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        • use of, or inability to use, our Site;
        • a modification of our Site by anyone other than us;
        • your use of our Site in a manner contrary to the instructions given to you by us;
        • use of or reliance on any content displayed on our Site.
      • In particular, we will not be liable for:
        • loss of profits, sales, business, or revenue;
        • business interruption;
        • loss or corruption of data or uploaded files or Content;
        • loss of anticipated savings;
        • loss of business opportunity, goodwill or reputation; or
        • any indirect or consequential loss or damage.

    If you are a Pupil or Teacher:

    • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  19. General Terms

    • Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 4 weeks, the party not affected may terminate this agreement by giving 7 days’ written notice to the affected party.
    • No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
    • If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted under clause 21.4 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
    • This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
    • Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
    • Nothing in this clause shall limit or exclude any liability for fraud.
    • You shall not, without our express prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
    • We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
    • Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
    • This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
    • Any notice required to be given under this agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this agreement, or such other address as may have been notified by that party for such purposes, or sent by email to the other party’s email address as set out in this agreement.
    • A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission.
    • Please note that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law.
    • You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

  20. Competitions and External Publishing

    • In the event we run a competition on our Site or otherwise, in which we offer
      any Author the opportunity to receive a commercial publishing contract with a third party publisher, the following terms will apply:
    • the Author shall pay us a minimum of [10%] [gross] profits of all sales [only
      where content placed on our Site forms part of the final product to be published]; and
    • such payment shall be due and owing [14 days after the last quarter to which the sales figures
      relate].