CEM BLOG Terms and Conditions of Use

The services and content featured on CEM BLOG (the “Blog”) are owned, maintained and provided to you by the University of Durham (“us”, “we”, or “the University”) whose registered address is the Palatine Centre, Stockton Road, Durham, DH1 3HP, United Kingdom as represented by the Centre for Evaluation and Monitoring.

By proceeding with access to and use of the Blog including accessing or utilising any of the services or content therein you hereby agree to be legally bound by the following terms and conditions (the “Terms”). If you do not accept the Terms, please do not use or access the Blog. Your use of the Blog is at all times governed by the Terms as set out below, which should be read in conjunction with:

  1. any details provided within the site featuring the Blog in regards to its operation; and
  2. any terms relating specifically to the services or content available on the Blog as detailed therein.

1)      General

a)      We reserve the right to update or amend these Terms at any time, and therefore in continuing use of the Blog and any content or service therein following any such change, you shall be deemed to be granting your acceptance of such change.  It is therefore your responsibility at all times to check the Terms regularly to ensure you are updated of any such change.   We reserve the right at all times to terminate your access to any or all of the services within the Blog at any time, without notice, for any reason, including without limitation, breach of these Terms.

b)      With the exception of where comments are posted by third party users on the Blog, the Blog and its contents (including without limitation the Blog design, text, graphics and all software and source codes connected with the Blog and its services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.  In accessing the Blog you agree that you will access the contents solely for your personal, non-commercial use, or in accordance with any stated Commercial Commons Licence or other written permission.  Except for your downloading, copying and/or printing of pages of the Blog for your personal, non-commercial home use, in the absence of any applicable Commercial Commons Licence or other written permission granted in advance, none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed.

c)       No warranties or representations of any kind expressed or implied are given by the University (and if any such warranties and representations arise by operation of law or otherwise they are hereby disclaimed to the fullest extent permitted by law) in connection with the Blog or its content or services including the completeness or accuracy of any of its contents (in particular but without limiting the foregoing any listed information).

d)      The University, its representatives, employees, officers and agents shall not be liable for any loss or damages or expenses of any kind including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims by third parties howsoever arising (save for death or injury caused by the University’s negligence or that of its representatives, employees, officers and agents) in connection with the copying or use of any information or material contained in or referred to on the Blog or otherwise from the use of the Blog.

e)      The University is not responsible for the content of external websites that link to the Blog or which are linked from the Blog.

f)       The University reserves the right to withdraw the Blog at any time and without prior warning. The University will endeavor to advise users of the Blog in advance of any such withdrawal, whether such withdrawal, but is under no obligation to do so.

g)      Parents who wish to allow their children access to and use of the Blog should at all times supervise such access and use.  It is your responsibility to determine which content or services are appropriate for your child.

h)      We reserve the right at our discretion to prohibit any link from another Internet site or equivalent entity to materials or information on the Blog. Without prejudice to that, any link to material or information on the Blog must be neither misleading nor deceptive.

i)        Durham University, University of Durham, the University of Durham logo, Centre for Evaluation and Monitoring, the Centre for Evaluation and Monitoring’s logo, and CEM are registered trademarks of the University and therefore the same may not be reproduced without our express written consent. Other organisation and company names referred to on this Website are the trade marks of their respective owners as indicated.

2)      Posting Comments on the Blog

 

a)      The Blog has features allowing comments to be added to the Blog by registered users (referred to as “Posts”). This facility is provided free of charge for your individual, private and non-commercial use, and only for the purposes of the exchange of lawful, relevant, fair and appropriate information, opinions and comment.

b)      Viewing and Using Posts Submitted by Third Parties: You hereby confirm your understanding and acknowledge that Posts submitted by third Parties are of an unpredictable nature and therefore:

i)        Although Posts submitted by third Parties are moderated wherever possible, by using or accessing the Blog you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings may have been mislabeled or may be otherwise deceptive;

ii)       Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of Posts Submitted by Third Parties, or any loss or damage of any kind incurred as a result of the use of any Blog content or Posts, emailed, transmitted or otherwise made available on the Blog;

iii)     We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Posts or endorse any opinions that may be expressed therein, and therefore you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto;

iv)     Any reliance on the content in any Posts will be entirely at your own risk;

v)      Although for the purposes of the Blog, Posts submitted by third Parties are generally screened and reviewed by us prior them being displayed on the Blog, you acknowledge and agree that we do not have any obligation to review such content and you understand that certain Posts may be permitted to be added to the Blog without any prior review by us;

vi)     In the event you believe any Posts or other content appearing on the Blog has infringed or violated your rights, including by defaming you or infringing your copyright, or is displayed in breach of these Terms, please report this to us immediately by emailing CEM using the contact form describing the nature of your complaint. We shall endeavour to promptly remove any Posts reported to us where we agree, based on our sole judgement, that such Posts have been added in breach of the Terms, however we cannot guarantee to do so; and

vii)   In the event that you wish to use or reproduce any Posts or other material taken from the Blog, you agree to do so only strictly in accordance with any Commercial Commons Licence as may be stated to be applicable to such Post, material or content, or in accordance with advance written permission from the relevant copyright holder.

c)       Adding and Submitting Posts to the Blog: Should you wish Post comments on the Blog personally, or on behalf of any third party, as the originator, you hereby agree to the following conditions:

i)         You are solely responsible for all Posts that you submit to the Blog, including their content;

ii)       Although for the purposes of the Blog, Posts submitted by third Parties are generally screened and reviewed by us prior them being displayed on the Blog, you acknowledge and agree that we do not have any obligation to review such content and you understand that certain Posts may be permitted to be added to the Blog without any prior review by us;

iii)     We reserve the right at all times (but will not have any obligation) to remove or refuse to distribute any Posts for any reason, particularly where such Posts violate the Terms.

iv)     In addition, we reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect our rights, property or safety, and that of our users and the public. We will not in any way be responsible or liable for exercising or choosing not to exercise this right.

v)      We do not claim or assert ownership or control over Posts and you will at all times retain any and all trademarks or copyright to any Posts submitted by third Parties that you submit, post or display on or through the Blog, and therefore you will remain responsible for protecting such rights.

vi)     By submitting Posts to the Blog you confirm that either you are over the age of sixteen (16) years, or in the event that you are under the age of sixteen (16), you have the permission of a parent or guardian to submit such Post.

vii)   By submitting any such Post to the Blog, you thereby grant us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use such Posts (or any part of them, and as that we may edit or otherwise modify such Posts at our discretion) for any purpose. You consent to such uses in any medium now known or developed in the future, including photographs, video, slide shows, Internet images or other mediums, means of storage or distribution.

viii)  You hereby indemnify the University, its commissioners, employees, officers and agents from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions Posted on the Blog, from any unauthorised use of material obtained from our website or otherwise from your breach of the Terms.

ix)     You hereby warrant to the University that any Post submitted to the Blog:-

(1)    does not copy or feature the Intellectual Property of any individual(s) or third party from whom a  licence or other permission have not been obtained in advance unless you have made all reasonable enquiries and established with certainty that copyright to such material featured in the Post has expired prior to the date such Post is submitted to the Blog;

(2)    is in no way defamatory, abusive, discriminatory, threatening, harassing, harmful to children, obscene, offensive, or which applauds, encourages or entices abuse, discrimination or hate;

(3)    has not been disclosed to you in confidence or which, by its nature, is confidential;

(4)    does not compromise or invade the privacy or security of anyone other than yourself; and that you have secured the consent of any person (and, in the case of a child, of those persons who have parental responsibility for such child);

(5)    does not encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;

(6)    where the property of a third party, is submitted with the prior written consent of the owner of the same;

(7)    is not likely to give rise to any third party claims;

(8)    contains no links taking users to unlawful material or material that contravenes these Terms;

(9)    contains no advertisement nor makes commercial solicitations;

(10)  does not authorise, enable or encourage the dissemination of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or which might interfere with the normal operation of the Blog or servers or networks connected to the Blog.

d)      In order to submit Posts to the Blog, you are required to open an online account. To do so, you will be required to complete the registration process by providing certain information and registering a username and password to access the Blog.  You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under the log-in details of such an account.  You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.  In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password.  You may not use another person’s account at any time, without the express permission of the account holder.

e)      We strongly advise that you always use caution when revealing personally identifiable information about yourself or your children via the Blog.

3)      Data Protection and Privacy

a)      Where you provide us with any personal information from which we can identify you as a living individual (whether by taking that information by itself or when using it in conjunction with other information which we hold or are likely to hold) we shall at all times process such information only in accordance with the provisions of the Data Protection Act 1998.

b)      We will not collect any personal information about you, except where it is specifically and knowingly provided by you, for example when you register as a user of the Blog or request information or provide us with feedback on the Blog. We do not sell or share any information about you as an individual user of this website unless you expressly agree to us doing so.

c)       In accessing the Blog, you acknowledge that in doing so, we sometimes place small amounts of information on the device via which you access the Blog, such as your computer or mobile phone. These pieces of information include small files known as “cookies”.  Cookies cannot be used to identify you personally, they are used to improve services for you through, for example: Once you have logged on with username and password, so you don’t have to do it for every page you access on the Blog and to remember your selections or preferences that you’ve already made when looking at information or using the Blog.   In continuing to access and use the Blog, you confirm your acceptance of our use of Cookies in this way.

4)      General

a)      Nothing in the Terms is intended to confer or purports to confer on any third party any right to enforce any provision of these Terms.

b)      Should any provision or provisions of the Terms be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be severed and the remaining terms shall survive and continue in full force and effect and remain binding and enforceable.

c)       These Terms shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.  Where you use the Blog outside of the United Kingdom you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.