Terms and Conditions

The Creative Learning Guild, D140, D Mill, Dean Clough, Halifax, HX3 5AX, Limited Company Number 2366759 registered charity number England and Wales 328185 (thereafter “CLG” or “we”) operates a platform for mobile reading and membership services on the internet portal http://www.creativelearningguild.co.uk (thereafter “platform”).

Terms and Conditions

These Terms and Conditions govern your use of CLG and all related memberships, services, content and products.

These Terms, together with our Privacy Policy and any other terms specifically referred to on the website, constitute a legally binding agreement (the "Agreement") between you and CLG in relation to you use of the website, memberships, services and products ("creativelearningguild.co.uk").

Acceptance of Terms of Use

Please read these Terms and Conditions and Privacy Policy very carefully.

If you do not agree to any of the provisions set out in those documents, you should not use the Website or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, will abide by them.

If you are under 16, you confirm that you have the permission of your parent or guardian to use CLG

Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use or Privacy Policy any time. The date of the last amendments is stated at the end of these Terms of Use.

It is your responsibility to check this page for updates.

We will highlight on the website any changes to these Terms of Use. In addition if you register an account and these Terms of Use are subsequently changed in any material respect, we will notify you in advance by sending a message to the email address you have provided us. You will have no obligation to continue using the Platform, but if you do not terminate your account as described in the Termination section below, your continued use of CLG will constitute acceptance of the revised Terms of Use.

Description of CLG

CLG provides a programme through which educators and art professionals can connect, collaborate, learn and promote their work. Registered users (depending on your account and membership type) can search for other members, browse a creative learning library, nominate for awards and submit, upload and post images, text, data and information (“Content”), which will be stored by CLG at the direction of such registered users, and may be accessed, viewed, shared, commented on by other users of the website using the tools and features provided as part of CLG

We may from time to time release new tools, features and services on CLG, which will be subject to these Terms of Use as well as any additional terms of use.

Your CLG account

You are not obliged to register to use CLG. However, access to certain services is only available to registered users.

When you register with the CLG you will provide us with your email address and choose a username and password for your account. You must ensure that the email address is valid. Any information you provide about yourself will be treated in accordance with our Privacy Policy.

You are responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for any use of your username and password and all activity of your account, whether or not authorised by you.

If your username or password is lost or stolen, or you believe your account has been accessed by someone unauthorised, you must notify CLG by email or telephone immediately and should change your password at the earliest possible opportunity.

We reserve the right to suspend or terminate your account if activities occur that would constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

Your use of CLG

Subject to your compliance with these Terms of Use, CLG grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use CLG to:

  1. submit, upload and post content

  2. participate in forums and discussions

  3. contact members with profiles

  4. use the tools and features provided

The above licence is on the condition of the following:

  1. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use CLG content in any way except for your own personal, non-commercial use.

  2. You must not adapt, alter or create a derivative work from any CLG content except for your own personal, non-commercial use. 

  3. You must not use any content (other than your own content) in any way that is designed to create a separate content service or that replicates any part of CLG.

  4. You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, CLG or any content appearing on the Platform (other than your content).

  5. You must not use CLG to submit, upload or share content: 
    (a) that is offensive, abusive, unlawful, harassing, defamatory, threatening, harmful, obscene, profane, offensive on the grounds of race, religion, sexual orientation or gender or otherwise objectionable. 
    (b) that violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, trade secrets, privacy, publicity, personal proprietary rights or any other rights. 
    (c) which infringes or is contrary to any law.
    (d) any unsolicited or unauthorised advertising, spam or any other form of solicitation.

  6. You must not engage in or promote anything that would constitute a criminal offence or otherwise violate any law or regulation.

  7. You must not permit any third party to use your account for their content.

  8. You must not deliberately impersonate any person or entity by registering an account in the name of another person or company.

  9. You must not threaten, abuse or otherwise harass another user or CLG employee.

  10. You must not attempt to use another person’s account, unless you have express permission from that person.

You agree to comply with the above conditions and acknowledge and agree that CLG has the right to terminate your account or take such action as it sees fit.

Your Content

Any images, text and other content, data or information that you upload, store and make available via CLG is generated and controlled solely by you.

You must not upload images, text or any other content for which you do not hold the necessary rights.

Any infringement may result in the termination of your account and may result in additional action.

Grant of Licence

By uploading or posting your content to CLG you:

  1. Authorise CLG to use, transmit, distribute, publically display, make available and use other communications to the public.

  2. Grant CLG a non-exclusive worldwide licence under copyright and any other intellectual property rights or similar rights existing elsewhere in the world to enable the delivery of CLG services.

  3. Give permission to CLG to use, reproduce and publish your content on CLG (or any part of extract from CLG) in any other digital or non-digital format, for the purpose of promoting and delivering the services of CLG.

  4. Grant CLG permission to change the way your content is presented, at any time without giving notice, including without limitation by amending the format, size, cropping or editing.

Licences with respect to comments or other contributions that you make on CLG will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

Removal of your content from your account will automatically result in the deletion of the relevant files from CLG’s systems and servers. However, you acknowledge and agree that CLG is not obligated to ensure the deletion of your content from any servers or systems as a result of syndication or sharing.

Representations and Warranties

You hereby represent and warrant CLG as follows:

  1. You are the owner of the copyright and other intellectual property rights or that you have authority / necessary permission of the copyright owner(s).

  2. Your content available via CLG does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your content in order to include their name, voice, performance or likeness in your content and to publish the same on CLG

  4. Your content, including any comments that you may post on CLG is not and will not be offensive, abusive, unlawful, harassing, libellous, defamatory, threatening, harmful, obscene, profane, offensive on the grounds of race, religion, sexual orientation or gender or otherwise objectionable, will not promote violence, terrorism, or illegal acts, or incite hatred.

  5. Your content does not and will not create any liability on the part of CLG, subsidiaries, associates, employees or trustees.

CLG reserves the rights to remove your content or terminate access to CLG or pursue legal remedies if your content is found to breach the Terms of Use.

Liability for content

You hereby acknowledge and agree that CLG:

  1. Stores content and other information at the direction and with the authorisation of its users.

  2. Acts as a host for the uploading, storage and distribution of such content.

  3. Curates and showcases selected content as part of its charitable remit.

  4. Is not responsible for the views expressed by users.

  5. Has no liability, to the fullest extent permitted by law, for (a) any claim that may arise from any content uploaded to CLG by users. 
    (b) any errors, omissions or inaccuracies in the content on CLG. 

  6. Is indemnified by you, to the fullest extent permitted by law, against any legal fees, damages and other expenses that may be incurred by CLG as a result of your breach of these Terms of Use.

Reporting Infringements

If you discover any content on CLG that you believe infringes your copyright, please report using the following methods:

Creative Learning Guild
D140, D Mill
Halifax
England,

HX3 5AX
Email: enquiries@creativelearningguild.co.uk

Third party websites and services

CLG provides you with access to third party websites and services. CLG does not have or maintain any control over third party websites and services, and is not and cannot be responsible for their content, operation or use. Any link to a third party website or service does not amount to any endorsement by CLG and any use of such website or service is at your own risk.

Removal of content

CLG reserves the right to remove or delete any content at any time, for any reason and without liability, if we have reason to believe that such content does or might infringe the rights of any third party, is in breach of these Terms of Use, or applicable law, or is otherwise unacceptable to CLG.

Repeat infringers

CLG will suspend your access to CLG if we determine that you have repeatedly breached these Terms of Use.

In the event of a breach, we will send you a written warning by email. Any user that received more than two of these warnings is liable to have their access to CLG terminated.

We will also suspend your account without warning, if ordered to do so by a court and/or in other appropriate circumstances, as determined by CLG.

Please note that we do not offer refunds to paid account holders whose accounts are terminated as a result of repeated infringements of these Terms of Use.

Disclaimer

While CLG shall endeavour to make CLG available at all times, we will not be liable if, for any reason, the website is unavailable for any period of time. Access to CLG may be suspended at any time without prior notice being given.

CLG does not warrant that functions available on CLG will be uninterrupted or error free, that defects will be corrected, or that CLG or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Limitation of liability

CLG is not liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): 
(a) loss of data; 
(b) loss of revenue or anticipated profits; 
(c) loss of business; 
(d) loss of opportunity; 
(e) loss of goodwill or injury to reputation; 
(f) losses suffered by third parties; or 
(g) any indirect, consequential, special or exemplary damages arising from the use of CLG regardless of the form of action.

Indemnification

You hereby agree to indemnify CLG to the fullest extent permitted by law, against any legal fees, damages and other expenses that may be incurred by CLG as a result of:

  1. any violation by you of these Terms of Use

  2. any third party claim for infringement of copyright or other intellectual property rights or other privacy issues arising from your content on CLG

  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent.

Data protection and privacy and Cookies

All personal data that you upload to CLG will be collected, stored and used in accordance with our Privacy Policy. 

In addition we use cookies for statistical purposes, to help us understand how people are using CLG so that we can continue to improve the services we offer.

By accepting these Terms of Use and using CLG, you accept the terms of the Privacy Policy

Membership Plans and Subscriptions

Certain features of CLG are only available to registered users who subscribe for “paid” Membership Plans as detailed below.

Membership Plan

Certain features of the CLG are only available to registered users who subscribe for an ‘individual’, ‘student / apprentice’,  ‘organisation’ or ‘learning portal’ membership (together, “Membership Plans”). Below, you’ll find a few additional terms that apply to Membership Plan holders, including, amongst other things, terms relating to payment, the conclusion and renewal of your contract, your right of withdrawal during the first 14 days of your subscription, and certain technical usage limitations.

Membership Plans Features and Prices

A detailed description of our Membership Plans, including the prices and the features associated, is available on our Membership page. 

All prices include VAT charged at 20%.

Selecting a Membership Plan

Selecting a plan and submitting your payment information is an offer to conclude a contract. The contract itself is not concluded until you receive confirmation from us or until we activate your Membership Plan, as described below.

Trials and Test Periods

CLG will occasionally offer new users the use of the subscription access for trial purposes for a certain time free-of-charge (so called “trial”). CLG determines at its own discretion if you can participate in the trial. CLG shall have the right to stop or change a free trial at any time without prior notification or termination period if good cause is present.

Participation in certain trials might only be possible if you enter your payment data during trial registration. In such event, we will need your consent at the beginning of the trial that your free access will be switched to a fee-based subscription access on the day after your trial expired. In this event your subscription will subsequently renew itself depending on the term you’ve committed to when accepting the trial access and can be terminated until one day before the subscription is set to renew.

If you do not want the subscription service and the corresponding charges, you will have to terminate the subscription access provided within the trial prior to the trial expiry (e.g. conveniently via your CLG Account Settings).

Conclusion of Contract and Start of Subscription

Once your payment has been received, your Membership Plan will be activated, and we will send confirmation by email to the address associated with your account. 

The contract for your Membership Plan is concluded when you receive our confirmation email (or when we activate your account, if this happens first), not when you make your payment.

Payment

Fees for Membership Plans are payable in advance and will be taken at the time the contract is concluded as described above. Payment can be made by Debit/Credit Card.

Term and Renewal

Annual Membership Plans run for twelve months from the date on which your Membership Plan is activated, and your subscription will automatically renew at the end of that twelve month period, unless you choose to cancel.

You can cancel your membership at any time by selecting the ‘cancel membership’ button in your account page. Cancellation will be activated at the end of your membership period and will not affect your access to membership services in the interim.

Right of Withdrawal

Under European law you also have a legal right to withdraw from your purchase of a Membership within fourteen (14) days of your purchase, as set out below:

Model instructions on withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. 

To exercise the right of withdrawal, you must inform us by emailing enquiries@creativelearningguild.co.uk

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 30 days from the day on which we are informed about your decision to withdraw from this contract. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Following receipt of your notice of withdrawal, CLG will delete the account.

Changes to Pricing and Features

We may occasionally need to change the features of our Membership Plans and/or change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Membership Plan to which you subscribe, we will communicate these change(s) to you at least six (6) weeks in advance and the changes will only take effect with respect to any subsequent renewal of your subscription.

Changes to CLG, accounts and pricing

CLG reserves the right at any time, for any reason, to suspend, discontinue, terminate or stop providing access to CLG or any part thereof. CLG shall always aim to notify registered users of such a decision in advance.

CLG may change the features of any type of account, may withdraw or introduce new features at any time and may change prices charged for any of its paid accounts from time to time. In the event of any increase in the price or reduction in the features of any paid account to which you have subscribed, such change(s) will be communicated to you and will take effect with respect to any subsequent renewal of your subscription.

Termination
You may terminate this agreement at any time by sending notice by writing to CLG at:

Creative Learning Guild
D140, D Mill
Halifax
England,

HX3 5AX
Email: enquiries@creativelearningguild.co.uk

If you have a paid account and terminate this agreement before the end of your subscription, we are unable to offer any refund for any unused period of your subscription.

CLG may suspend your access to CLG and/or terminate this agreement at any time if you are deemed to be a repeat infringer as described above or you are in breach of these Terms of Use.

On termination of your account, any and all of your content will be deleted by CLG with the exception of content that we are obliged or permitted to retain, which could include data or information, in accordance with applicable laws and/or to protect our business interests.

CLG is not able to provide you with any copy of your content.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this agreement will survive the termination of this agreement.

Entire agreement
These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and CLG with respect to your use of CLG, and supersedes any prior agreement between you and CLG.

Jurisdiction
These terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

 

Last updates 12th March 2018