Design Excellence Limited T/A SBID Product Design Awards
Important – this is a legal agreement between Design Excellence Limited and its associated companies and you. www.sbidproductdesignawards.com including any associated SBID websites (the “Website(s)”) is provided by Design Excellence Limited whose registered office is at 1 Kings Avenue, London, United Kingdom, N21 3NA. Please read the following terms carefully. By using this website, you agree to this agreement whether or not you have read it. If you do not agree to this, you may not access or otherwise use this Website.
From time to time, Design Excellence Limited may modify this agreement. Accordingly, please continue to review this agreement whenever accessing or using the Website. If at any time you do not wish to accept this agreement, you may not use the Website. You may only use the Website in accordance with the terms outlined below.
1.1 Design Excellence Limited either owns or is licensed to use the copyright in the data, table, graphic, editorial or other content of its Website pages and in the data appearing on its Websites unless another copyright holder is credited on the relevant Website page.
1.2 We appreciate that our material may help to back-up your own research or to augment your organisation’s promotional activities. You may use the Design Excellence Limited owned material on this Website for non-commercial use provided you do all of the following:
a) act within the copyright laws of England and Wales, or of the territory in which Design Excellence Limited originally published the material;
b) publish the material without any adjustment which would alter its meaning or bring the Design Excellence Limited, its personnel, representatives, agents, clients or the subject of the material or any other person or entity into disrepute;
c) meet the requirements of current Human Rights legislation and Data Protection Law within Europe (which rights may extend to individuals and entities resident outside the European Economic Area);
d) publish a credit to Design Excellence Limited or to a specific and relevant publication or website Design Excellence Limited , and to any individual named author, at the foot of the re-used material; and, if reproduced on a website, include a URL link to the original article or the point of entry to that Website page or to the publication’s Website page as agreed in advance in writing with the Website administrator or SBIDs Copyright Executive.
1.3 Design Excellence Limited may make available certain Content License Agreements for the commercial re-use translation and/or re-publishing in printed or electronic form of design and content from its Website and pages. Only a holder of a current Content License agreement who satisfies all requirements of that License agreement may re-use, translate or re-publish in any form or medium design or content which originates on a Website or webpage owned or managed by Design Excellence Limited for commercial purposes.
1.4 Design Excellence Limited incorporates electronic “watermarking” into published material. Web crawlers are employed to locate watermarked material and to provide legal proof of its re-use. If the simple conditions above are not met, Design Excellence Limited reserves the right to pursue any infringement in the Courts of the country where they suffer damage or you are likely to derive benefit.
1.5 All goodwill associated with your use of the Design Excellence Limited names or marks shall inure solely to the benefit of Design Excellence Limited and you shall not assert any claim or ownership to any trade names or marks or to the goodwill or reputation thereof. All other trade-marks, brand names, products and company names all over which are cited on this Website are the trade-marks and/or property of their respective owners.
1.6 If you are unsure of the legality of your re-use of material published on Websites owned or managed by Design Excellence Limited you should contact the group’s Copyright Executive at the registered office or on [email protected]
2.1 You may not transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable material or information of any kind including but not limited to transmission constituting or encouraging conduct which would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law.
2.2 You may not transmit any information, software, email or attachment which contains in full or in part any Worm, Virus, Trojan Horse or other harmful component.
2.3 You may not restrict or inhibit use of the Websites by any other individual or organisation.
2.4 You may not post, publish, transmit, distribute or otherwise exploit any software, information or material obtained through Design Excellence Limited and its associated companies other than for the purposes expressly permitted.
2.5 All individual articles, reports and other elements making up the Website may be copyright works or protected by database rights. You agree to abide by all additional copyright and database right notices or restrictions contained on the Website.
2.6 You agree to notify Design Excellence Limited in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party.
2.7 Other than the licenses granted to you under this agreement, you may not copy, reproduce, recompile, decompile, disassemble, reverse-engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, communicate or in any other way exploit any part of the Website and/or the Website’s material.
2.8 The Website and all the information contained therein may not be used to construct a database of any kind nor may the Website be stored in its entirety or in any part in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
2.9 You agree to indemnify, defend and hold harmless Design Excellence Limited from and against any claims, actions, demands or other proceedings brought against Design Excellence Limited by a third party to the extent that such claim, suit, action or other proceedings is based on or arises in connection with your use of the Website and any breach by you of this agreement. This section survives termination of this agreement for any such reason.
2.10 You accept that Design Excellence Limited has the right to change the material, or information of any aspect of the Website at any time at its sole discretion. You further accept that such changes result in your being unable to access the Website. Design Excellence Limited may have to suspend the Website from time to time to carry out maintenance and to make upgrades.
3.1 Our hyperlinks:
The Website may include links to third party websites. Such hyperlinks are included to ease the user’s path through the Internet. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. Design Excellence Limited has no control over and can therefore accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party web sites, or the content of such third-party websites.
3.2 Your hyperlinks:
You may provide hyperlinks to the Website and pages owned and/or managed by Design Excellence Limited and its associated companies without the prior written consent from Design Excellence Limited. Such hyperlinks may only direct users to the home page of the relevant website, and must display the relevant page in the same form as this Website, without amendment or framing.
4.1 The material and information published on this Website and on all other Websites of Design Excellence Limited are provided on an “as is” basis without warranty of any kind, either expressed or implied. Design Excellence Limited does not guarantee the accuracy or integrity of the material or information nor its suitability for any particular purpose. To the extent permitted by law, Design Excellence Limited excludes any liability whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website.
4.2 Errors can occur and Design Excellence Limited offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, or in the event of any Viruses, Worms, Trojan Horses and other harmful components being present in or transmitted by Design Excellence Limited systems and networks.
4.3 Design Excellence Limited do not accept any liability for any loss of data or software, revenue, business, profits cost or expense, or any direct, indirect, incidental or consequential loss or damage arising out of or in connection with the use of, or the lack of availability of the Website or their content and/or in connection with any permission, right or license to use the material given under clause 1.2 or otherwise.
4.4 It is your responsibility to assess the value of the information and material on the Websites in the light of your own business and personal circumstances. Website content remains journalistic opinion and does not constitute legal, financial or professional advice, and may not represent the views of Design Excellence Limited, its trustees, directors, employees or agents. Design Excellence Limited attribute any non- SBID material in good faith; however, it is your responsibility to check the attribution and rights in respect of Design Excellence Limited and non Design Excellence Limited material and obtain any necessary rights in respect of reproduction of any non Design Excellence Limited material.
4.5 Subject to Clause 4.6, in the event that Design Excellence Limited is held liable, the total liability of Design Excellence Limited (whether in contract, tort, negligence or otherwise) in respect of any loss or damage arising out of or in connection with the Website shall be limited to £1000 for any one incident or series of incidents. This clause does not affect your statutory rights as a consumer. This section survives termination of this agreement for any reason.
4.6 Nothing in this clause 4 shall exclude Design Excellence Limited ‘s liability to you for fraudulent misrepresentation by Design Excellence Limited or the death or personal injury resulting from its negligence or that of its employees.
5.1 No waiver by Design Excellence Limited of any breach of any obligation arising under this agreement shall constitute a waiver of any other breach and no failure to exercise or partial exercise by Design Excellence Limited of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
5.2 If any provision of this agreement is held by a court of competent jurisdiction to be invalid unlawful or unenforceable for any reason then such part will be severed from the remainder of this agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.
5.3 This agreement constitutes the entire agreement between Design Excellence Limited and you. All prior agreements understandings and negotiations and representations (save for fraudulent misrepresentation) whether oral or in writing are cancelled in their entirety. The terms of any other electronic communications will not form part of this agreement.
5.4 This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
Design Excellence Limited is committed to safeguarding your privacy online. It is very important to us that you should be able to use and enjoy our web sites without having to compromise your privacy in any way. This policy will help you understand how your personal information will be treated. This policy may change from time to time so please check back regularly.
Design Excellence Limited includes companies which are members of the Direct Marketing Association, the Audit Bureau of Circulations the Directory & Database Publishers’ Association. Where you see the symbols of these organisations on our website(s) you have the further assurance of our commitment to the standards set by the relevant body.
Please keep in mind that whenever you voluntarily disclose personal information online – for example on message boards, through email, or in chat areas – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for maintaining the secrecy of your passwords. Design Excellence Limited staff will NEVER compromise your security by asking for your password online. Please be careful and responsible when you are online.
Please note, your rights under the Data Protection Act 1998 are provided for on the registration page.
What personally identifiable information does Design Excellence Limited collect from me?
Design Excellence Limited collects information in several ways from different parts of our network of websites.
Some personal information is gathered when you register for our web sites, publications or events. During registration, Design Excellence Limited will ask for your name, email address, birth date, gender, address and post code and personal and professional interests and responsibilities. The more accurate the information you volunteer, the better we are able to customise your experience of the website(s) and newsletters. Once you register you are no longer anonymous to Design Excellence Limited – you are given a password and are able to take full advantage of our services (subject to payment for certain services).
Your responses help us to sell appropriate advertising space so as to minimise the cost of our services to you – or even provide some of them at no charge at all. They also enable us to personalise services to our members.
Design Excellence Limited collects IP addresses for system administration, for independent audit and to report aggregate information to our advertisers and promoters. By this we can see how our site is being used, for example, what services and facilities are popular, and how long users spend on particular pages. This is data about our users’ browsing actions and patterns and it does not identify anyone individually.
When you telephone Design Excellence Limited , or someone who is dealing with calls on our behalf, we may record the conversation to ensure the security of any transaction discussed, to help us to review our quality of service and to assist in the training and development of the employees who take such calls.
How does Design Excellence Limited use my information?
Design Excellence Limited’s primary goal in collecting personal information concerning subscribers is to provide them with a customised experience of our site. By knowing a little about you, Design Excellence Limited is able to deliver more relevant promotions events, advertisements and content to you, and by demonstrating the quality of our users we are able to secure advertising funding which keeps down the costs to the members and other officially recognised users.
When delivering targeted advertisements, Design Excellence Limited acts merely as the middleman. Advertisers give us an advertisement and tell us the type of audience they want to reach (for example, design specialists, practitioners by sector, manufacturers). We take the advertisement and display it to users meeting the relevant criteria.
When you join one of our email newsletter services the emails you receive may include advertising material and links to advertisers’ web sites. This does not mean that your details have been passed to the advertiser in question. Furthermore, at the end of each newsletter you will find either a hyperlink or a description of a route to have yourself removed from further editions of that newsletter.
Design Excellence Limited undertakes research on our users’ demographics, interests and behaviour based on the information provided to us upon registration, during a promotion, from our server log files or from surveys. We do this to better understand and serve you, the user. This research is compiled and analysed on an aggregated basis. Design Excellence Limited may share this aggregated data with advertisers or business partners. We will use our best endeavours to ensure, where reasonable, that our business partners and advertising customers have effective on-line privacy policies and are registered under the Data Protection Act (as Design Excellence Limited is).
When you are on Design Excellence Limited (SBID) site and are asked for personal information, you may not be sharing that information with Design Excellence Limited alone. Some services are offered jointly with a partner company. In order to provide this co-branded service to you, it is necessary for us to share your personal information with those partner companies.
Promotions and competitions that run on Design Excellence Limited may be sponsored by companies outside Design Excellence Limited or may be co-sponsored by us and another company. Some or all data collected during a promotion may be shared with the sponsor.
Please be aware that Design Excellence Limited advertisers or web sites that have links on our site may collect personally identifiable information about you. The information practices of those web sites linked to Design Excellence Limited are not covered by this privacy statement.
With whom does Design Excellence Limited share my information?
Design Excellence Limited and its associated companies are prohibited by virtue of the Data Protection Act 1998 from disclosing any of your personally identifiable information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under the circumstances described below. The following describes some of the ways that your information may be disclosed.
We may disclose your personal information to business partners or sponsors, but this is drawn to your attention prior to data collection. Some or all data collected during any of Design Excellence Limited promotions may be shared with a sponsor. If personally identifying data about you will be shared, we will tell you when we collect the data.
If you make a purchase from a site hosted by Design Excellence Limited , the information obtained during the purchasing transaction, and the information you give such as your credit card number and contact information, is provided to the merchant concerned. This is to enable transactions to take place. You agree that Design Excellence Limited and its associated companies have no responsibility or liability for any such independent store privacy policies.
From time to time, you may be offered the opportunity to receive materials or special offers from selected third parties. If you opt-in to receive information from these third parties, you are giving us permission to share your name and email and/or physical address details with them.
Under confidentiality agreements, Design Excellence Limited may match user information with third party data. Also, Design Excellence Limited companies may disclose aggregated user statistics (for example, 24% of users are senior executives in SME’s) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.
Finally, Design Excellence Limited may also disclose account information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating Design Excellence Limited s Terms, Database Rights or Copyright or may be causing injury to or interference with (either intentionally or unintentionally) Design Excellence Limited rights or property, other Design Excellence Limited users, or anyone else that could be harmed by such activities. Design Excellence Limited or its sponsors or business partners may, from time to time, contact you regarding their products and services.
On some types of Design Excellence Limited promotions, we will ask for your email address in order to update you on your score, entries and status. When you participate in these types of promotions, you automatically receive promotion-related email. Sometimes these promotion-related email messages may include targeted advertisements.
From time to time Design Excellence Limited will rent or sell user information to other reputable organisations as permitted under the Data Protection Act 1998. If you do not wish to allow your data to be shared, you can choose not to use a particular service, not to participate in certain promotions or contests, or you can select to opt out of your information being shared on the registration page.
No data transmission over the Internet can be guaranteed entirely secure. While we strive to protect your personal information, Design Excellence Limited can neither ensure nor warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
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