WEBSITE TERMS AND CONDITIONS OF USE
INTRODUCTION
These terms of use apply to the use of The Liberty Guild website. They essentially say that you must behave appropriately and responsibly whilst using The Liberty Guild website. The Liberty Guild privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy can be found below. These terms were last updated on [29 November 2018].
ABOUT THE WEBSITE AND THESE TERMS OF USE
https://www.thelibertyguild.com (the “Website”) is a website and co-creation online platform which connects brands with creatives to commission, create and produce ideas in a bid-based production marketplace. A company registered in England and Wales under Company Number 10787543 with its registered office at 5th Floor, 76 Wardour St, London W1F 0UR (“The Liberty Guild”, “we”, “us” or “our”).
These terms of use apply to all use of the Website and form a legal agreement between you and The Liberty Guild.
By using the Website you are confirming that you understand and accept (and are able to understand and accept) these terms of use, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these terms of use, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 13.
We may make alterations to these terms of use from time to time.
RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
Subject to these terms of use, you may use the Website solely for your personal non-commercial use to:
view pages from our Website in a web browser;
download pages from our Website for caching in a web browser;
print pages from our Website;
stream audio and video files from our Website; and
use our Website services by means of a web browser.
Use of our products and services marketed through our Website may be subject to additional terms and conditions which will be notified to you before you begin using them.
Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website belong to and vest in us, or are licensed to us.
Unless you own or control the relevant rights in the material, you must not sell, rent or sub-license material from our Website or exploit material from our Website for a commercial purpose;
Notwithstanding the above, you may redistribute our newsletter to any person provided that you have obtained their consent to do so.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms of use and all rules applicable to the use of the Website.
You will not:
hack, modify, reverse engineer or create derivative works of the Website or any part of it;
use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
access or otherwise interact with our Website using any robot, spider or other automated means;
violate the directives set out in the robots.txt file for our Website;
gain unauthorised access to any part of the Website;
remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website;
create software which replicates or mimics the data or functionality in the Website;
use your access to the Website for the sending of direct marketing (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or otherwise use data collected from our Website to contact individuals, companies or other persons or entities;
make any part of the Website available to a third party who does not agree to these terms of use;
copy or exploit any part of the Website or the content it contains other than as expressly permitted by these terms of use;
use the Website or any part of it unfairly or for any illegal or immoral purpose; or
attempt to do any of the acts listed above.
COMMUNICATIONS
The Website enables the display of your own or third party content (“User Content”) without review or moderation. The Website is therefore a host of User Content.
The views expressed in any User Content are the views of the individual authors and not those of The Liberty Guild unless specified otherwise by The Liberty Guild.
We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
By using the Website you acknowledge that The Liberty Guild has no responsibility to review the content of any User Content and that all User Content is made available on the basis that The Liberty Guild is not required to exercise any control or judgement over User Content.
If you submit data, messages, audio, video, textual or other content through the Website such as through a discussion forum, comments on a blog post, or otherwise then:
you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Website; and
you agree to comply with our User Content Guidelines as set out in Schedule 1.
IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. THE LIBERTY GUILD HAS NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE YOU ACCEPT THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
LIABILITY
The Liberty Guild provides and maintains the Website on an “as is” basis and is liable only to provide its services with reasonable skill and care.
External Sites have not been verified or reviewed by The Liberty Guild and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website links.
The Liberty Guild gives no other warranty in connection with the Website or its content or any External Sites and to the maximum extent permitted by law, The Liberty Guild excludes liability for:
any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which The Liberty Guild has been made aware;
the accuracy, currency or validity of information and material contained within any User Content or the Website;
any interruptions to or delays in updating the Website;
any incorrect or inaccurate information on the Website;
the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website;
the availability, quality, content or nature of External Sites;
any transaction taking place on External Sites;
any transaction with any third party retailer taking place on the Website;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Website or any part of it, or any User Content; and
all representations, warranties, conditions and other terms and conditions which but for this notice would have effect including without limitation any implied warranty of satisfactory quality or fitness for purpose.
The Liberty Guild does not warrant that the operation of the Website will be uninterrupted or error free.
The Liberty Guild will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond its reasonable control.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
You agree not to use the Website in any way which is: unlawful; may give rise to civil or criminal liability for The Liberty Guild; or which might call The Liberty Guild into disrepute.
TERMINATION
Without limiting any other rights it may have, we may cancel or suspend access to the Website if you breach any of these terms of use.
GENERAL
These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit The Liberty Guild’s liability for death or personal injury resulting from its negligence nor any fraudulent acts or representations.
These terms of use, including our privacy policy, constitute the entire agreement between you and The Liberty Guild relating to your use of the Website, to the exclusion of any other terms.
Failure to enforce any term does not constitute a waiver of that term.
If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
The Website is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website complies with the laws of any other country.
These terms of use are subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
We will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Website.
All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.
The Liberty Guild, 5th Floor, 76 Wardour St, London W1F 0UR or freedom@thelibertyguild.com.
USER CONTENT GUIDELINES
You agree and undertake that you will not post, communicate, transmit or make available to or through the Website any User Content, statement, material, communication or other content which:
is unlawful or which gives rise to civil or criminal liability;
infringes the intellectual property rights of any third party;
is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
harasses any person;
may be deemed a marketing or commercial communication or promotes the products or services of any person;
contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
You shall ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
You further agree that in any activity you undertake during or in relation to the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website into disrepute.
You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with the Website terms of use.
If you discover User Content which you believe contravenes these User Content Guidelines, is inconsistent with the Website terms of use or is otherwise objectionable please notify us at freedom@thelibertyguild.com.
PRIVACY POLICY
This privacy policy explains how we process your personal data when you use our services www.thelibertyguild.com (Platform). If you have any questions or comments about this privacy policy, please let us know by email to freedom@thelibertyguild.com
The Platform is operated by THE LIBERTY GUILD LIMITED (we, us, our) a company incorporated in the UK with company number 10787543 and registered office at 5th Floor, 76 Wardour St, London W1F 0UR. We are the “data controller” (i.e. the company which decides the means and purpose for the processing of your personal data) for the purpose of applicable data protection law.
HOW WE USE YOUR DATA
Your enquiries
If you contact us about our services, the emails you send may include information about you, such as your name, address, email address, telephone number, your organisation's address and your enquiry. We use this information to respond to your enquiries.
In line with the legitimate interest we have in promoting our business, we will process your enquiries to provide you with information about the services we offer.
This might include replying to your enquiry, or sending you our newsletter if you ask to be added to our mailing list.
We may also process enquiries to take steps you ask of us with a view to entering into and/or performing a contract with you to provide you with our services.
You are under no obligation to provide us with any details, but if you don’t provide all relevant information, we may not be able to help.
Providing the Services to you
As applicable, we will use information about you for; delivering our service under an agreement between us; providing services via our Platform; responding to your enquiries; and contacting you about matters requiring your attention.
Marketing
We may process your contact information that you provide to us (either via our website, by email or through use of our services) for the purposes of marketing in accordance with our legitimate interests to send you information about our services, and to keep you updated with information on news, and events. We may use third party providers, such as Mail Chimp, to process these marketing emails.
We may also disclose your name and contact information to our affiliates mentioned below who provide the same type of services, to enable them to market their services to you.
If you would like to be removed from this mailing list, please contact us at freedom@thelibertyguild.com or click unsubscribe at the bottom of each marketing email.
How you use our Platform (Analytics)
Our Platform uses cookies and other mechanisms to collect log and analytical information, such as your internet protocol (IP) address, to help analyse how visitors use the site and to compile statistical reports on Platform activity.
We process this information to understand how visitors use our Platform and to compile statistical reports regarding that activity (for example, your IP address is used to approximate the country from which you access our Platform, and we aggregate this information together so we know that, for example, most of the visitors to our Platform come from England).
This processing is necessary for us to pursue our legitimate interests in improving our Platform, and providing a better service and source of information to visitors.
This information is not used to develop a personal profile of you. All such information is aggregated and stored anonymously.
All content you submit to us
If you send us objectionable content or otherwise behave in a disruptive manner when using our Platform, we may process personal data included in your messages to respond to and stop such behaviour.
We only process personal data in this way for the legitimate interests of ensuring that use of our Platform is lawful, does not its disrupt, does not harass our staff or other individuals, and to enforce our legal rights and to comply with our legal obligations.
Where we reasonably believe you are or may be in breach of the law (for instance, because content you send amounts to harassment or is defamatory), we may use your personal information to inform relevant third parties such as your email/internet provider or law enforcement agencies about the content.
Where we process personal data in this way, we will hold that personal information on our systems for as long as is reasonably necessary to achieve these objectives.
DO WE SHARE YOUR PERSONAL INFORMATION WITH ANYONE ELSE?
Whenever we transfer your personal data outside of the European Economic Area (EEA) we ensure that we have standard contractual clauses in place as a safeguard for this transaction.
We may also disclose your information to our personnel, clients, suppliers or subcontractors insofar as it is reasonably necessary for the purposes set out in this privacy policy, provided that they do not make independent use of the information, and have agreed to adhere to the rules set out in this privacy statement.
In addition, we may disclose your information to the extent that we are required to do so by law (which may include to government bodies and law enforcement agencies); in connection with any legal proceedings or prospective legal proceedings; and to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention).
If we are involved in a merger, acquisition, or sale of all or a portion of our business or assets, the information we hold may be included as part of that sale, in which case you will be notified via email and/or a prominent notice on the Platform of any changes in ownership or use of your information, as any choices you may have regarding that information.
Third Party Processors
Our carefully selected partners and service providers may process personal information about you on our behalf as described below:
Digital Marketing Service Providers.
We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information.
Our appointed data processors include:
(i)Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io. Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.”
Except as provided above, we will not provide your information to third parties.
YOUR RIGHTS IN RELATION TO PERSONAL DATA WICH WE PROCESS RELATING TO YOU
You have the following rights over the way we process personal data relating to you. We aim to comply without undue delay, and within one month at the latest:
to ask for a copy of data we are processing about you and have inaccuracies corrected;
to ask us to restrict, stop processing, or to delete your personal data;
to request a machine readable copy of your personal data, which you can use with another service provider. Where it is technically feasible, you can ask us to send this information directly to another provider if you prefer; and
to make a complaint to a data protection regulator.
Please send your requests to freedom@thelibertyguild.com.
CHILDREN
We do not use the Platform to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at freedom@thelibertyguild.com. We will delete such information within a reasonable time.
SECURITY
We will take all reasonable technical and organisational precautions to prevent the loss misuse or alteration of your personal information.
CHANGES
This policy may be updated from time to time. We will notify you of any changes by posting the new policy here and, where feasible, by letting you know by email.
INTERNATIONAL DATA TRANSFERS
As mentioned above, where we transfer your data outside of the EEA, we have agreements in place with those parties which include standard data protection clauses adopted by a data protection regulator and approved by the European Commission to ensure that appropriate safeguards are in place to protect your personal data. If you would like to find out more about these safeguards, please let us know by writing to freedom@thelibertyguild.com.
DATA RETENTION
We will hold your personal information on our systems for as long as is necessary for the relevant purpose, or as otherwise described in this privacy policy.