These Standard Terms of Use have been written by “us” to give “you”, the user of this “Website”, permission to “use” “Materials” found on it for “Approved Purposes”. What these words mean is explained in detail in the clauses 1 -10 below.
Please read the whole of these Standard Terms of Use carefully, because you are only permitted to make use of the content of this Website if you agree to them and, by using any content of this Website, you are deemed to agree to them.
We wish to encourage the dissemination of information about our collection and expertise, through, for example, teaching, web resources and printed materials. However all the Materials on this Website are protected by internationally recognised laws of copyright and intellectual property. Some of the Materials are our intellectual property and others are the intellectual property of third parties (from whom we have made all reasonable efforts to obtain their consent to publish their work on our Website).
On our Website you will find:
Certain services offered, which may be subject to additional terms and conditions expressly varying, modifying or broadening these Standard Terms of Use for particular purposes. Where this is the case we let you know on the appropriate webpage; and
Certain materials marked as the trade mark or copyright property of third parties (“Third Party Property”).
These Standard Terms of Use have no application to Third Party Property and in every case you should apply to the owner of that property for permission for any use within the ordinary meaning of the word “use” that does not fall within the definition of “fair dealing” or any similar provision within an applicable jurisdiction.
With the exception of Third Party Property, unless we expressly state otherwise on a webpage, these Standard Terms of Use are uniformly applicable throughout our Website; and in the event of any ambiguity with other terms and conditions found on our Website these Standard Terms of Use shall always govern.
If you want to use materials found on our Website in ways that are neither covered by the definitions of “use” and “Approved Purposes” set out in these Standard Terms of Use nor by any additional terms found on our Website you are welcome to enquire with us about your requirements via email: info@twinfm.co.uk
1. DEFINITIONS
In these Terms of Use:
1.1 'Approved Purposes' means not more than purposes which are exclusively non commercial and:
Educational;
Academic;
Scholarly; or
Motivated by private interest.
1.2 'Author' means any individual, individuals, entity or entities other than us, who created, performed, produced or broadcast the Materials (or if no individual or entity can be identified, the publisher).
1.3 'Marks' means the trademarks or service marks, logos or brands for the time being and from time to time properly used or adopted by and belonging to us or a third party. The term 'Trademarks' shall where the context admits be deemed to include all logos and service marks.
1.4 'Materials' means, to the extent it is protected copyright work, and is not expressly marked as “Third Party Property”, all or any part of any text, image, audio, video or any other type of media in any format contained and comprised in the Website. 'Materials' do not include 'Marks'.
1.5 “Third Party Property” means all or any part of any text, image, audio, video or any other type of media in any format contained and comprised in the Website and expressly marked as the copyright property of a third party.”
1.6 'Use' of and 'using' Materials for Approved Purposes shall be deemed to mean in each in applicable context not more than:
(a) Storing or transmitting (including electronically or via a webpage) Materials in any media;
(b) altering by cropping (but not by other alteration); projecting or displaying as part of a lecture or in classroom teaching; reproducing on a webpage; distributing, publishing and printing (but only in a book, article, thesis or booklet in a print run not exceeding 4000 copies)any Materials that are image files;
(c) translating Materials than are text files into other languages; and
(d) embedding Materials that are audio or video files in a media player within a webpage
1.6 'We' 'our' 'us' means The Trustees of the TWinFM or as the context requires the TWinFM Company Limited, the TWinFM Friends or the TWinFM Great Court Limited;
1.7 'Website' means our website at www.twinfm.co.uk/ and any sub-domains;
1.8 'You' 'your' refers to you, a private individual or a charity, society, institution or trust that exists exclusively for public benefit exercising rights under the licenses set out here who has not previously violated these Terms of this Use (or who has received express permission from us to exercise rights under these Terms of Use despite a previous violation). If you do not fall within this meaning you are not permitted to use our Materials by these Standard Terms of Use.
2. USE OF MATERIALS
In return for your agreement to abide by these Standard Terms of Use we permit you to use Materials for Approved Purposes only. In doing so, you promise to us that you will attach copyright notices to the Materials marking them © Trustees of ThisWeekinFM and, where distributed digitally, linking them to the original page source at TWinFM.com. Some pieces of content hosted on our Website require a specific copyright notice – if this is indicated then you should state this in addition to the standard notice. Please see the following example.
Copyright Notice Example: Video and caption taken from: 'Health and Safety Breach Fines 142% Higher Than Compliance Costs' © Trustees of ThisWeekinFM
You also promise that you will not infringe the intellectual property rights of Authors or any third party of whom you are given notice on the Website. You must keep intact their copyright notices on the Materials where they are provided by us and you must use any acknowledgement required by us for the purpose of attribution in the manner when using Materials belonging to Authors. You must not distort, mutilate, modify or take other derogatory action prejudicial to Author's reputation in relation to their Materials.
Should you require permission to use our content in another context, please contact newsdesk@twinfm.com so we can advise on requirements.
3. MARKS
Our Marks or those of any third party displayed on our Website are our (or their) registered and unregistered trademarks. Nothing contained in the Website shall be taken construed as granting any licence or right to use trademarks displayed on our Website without our prior written permission or that of any third party owner. Your misuse of the trademarks on our Website is strictly prohibited.
4. DISCLAIMER
4.1. We have taken every effort and care in preparing Materials, however we disclaim all warranties, express or implied, as to the accuracy thereof, and Materials shall at all times constitute work in progress which we may change without notice. We shall not be liable for any loss or damage arising from your use of or reliance on Materials.
4.2. Links within our Website may lead to other websites. They are provided for convenience only. We do not sponsor, nor necessarily endorse or otherwise approve of any information or statements appearing in those websites (or websites referred to or linked to those websites).
4.3 Every reasonable effort has been made to seek appropriate permission from people identifiable in photographs used throughout the site.
5. PRIVACY
5.1 We are committed to protecting the privacy and the confidentiality of the personal information of visitors to our Website. We undertake to ensure that all personal information in our possession is processed in accordance with the principles of the Data Protection Act 1998. Our Data Protection Policies may be inspected in the governance section.
5.2 We collect personal information (such as your name, contact details, credit card information) that you supply to us. Your information is collected when you request information from us, contact us, make a booking with us, purchase items from us, including Membership and etickets, or make a donation to us. We will update your information whenever we get the opportunity to keep it current, accurate and complete.
5.3 Any information you provide when registering with us, buying Membership, etickets and other products will be used for TWinFM, TWinFM Friends and TWinFM Company purposes only. From time to time we may send you information from other organisations which we think may be of interest to you. We may also disclose your information to companies who act as "data processors" on our behalf, some of whom may be outside the UK/EEA.
5.4 You may indicate your preference for receiving direct marketing by telephone or email from us or any partner organisations with whom we may work. You will be given the opportunity on every communication we send you to indicate that you no longer wish to receive our direct marketing material. You may, in addition, indicate your preference regarding receiving third party direct marketing material. Once properly notified by you, we will take steps to stop using your information in this way.
5.5 The credit card information you give for any online transaction is used solely for the purpose of processing that transaction. Since it is technologically possible for unauthorised third parties to intercept any email or any message posted on an insecure web page, we strongly advise you against sending us any credit card information via email or an insecure web page. Secure web pages begin "https". Moreover it is contrary to the rules of the Payment Card Industry for us to accept credit card payments by email and we would decline to accept payment by this means.
5.6 You have the right to ask in writing for a copy of the information we hold about you (for which we may charge a fee) and to correct any inaccuracies in your information.
6. USE OF 'COOKIES'
Cookies and the TWinFM website.
7. TERMINATION
7.1 The license and the rights granted hereunder will terminate automatically upon any breach by you of these Terms of Use.
7.2 We reserve the right to release Materials under different license terms or to stop distributing Materials at any time; provided, however that any such election will not serve to withdraw this license (or any other license that has been, or is required to be, granted under the terms of this license), and this license will continue in full force and effect unless terminated as stated above.
8. CONSEQUENTIAL LOSS
Except to the extent required by applicable law, in no circumstances will we be liable to you in law for any special, incidental, consequential, punitive or exemplary damages arising from your use of Materials or these Terms of Use, even if we have been advised of the possibility of such damages.
9. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties with respect to the Materials. Unless otherwise expressly stated by us in writing to be additional hereto, there are no understandings, agreements or representations with respect to the Materials not specified here. We shall not be bound by any additional provisions that may appear in any communication from you. These Terms of Use may not be modified without the mutual written agreement of ourselves and you.
10. APPLICABLE LAW
You agree that the terms and conditions of your use of our Website shall be governed by, and construed in accordance with, English law and you agree that the courts of England shall have exclusive jurisdiction in relation to any dispute or matter arising in connection with these terms and conditions and conditions and your use of this Website.