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1. Introduction. This Agreement is a legal document
which sets out your rights and obligations, and those of Design Graduates Limited, a
company registered in England under registration no. 04893304 ("Design Graduates", "we" or "us"), in relation to this site and the services offered by
Design Graduates through it (the "Design Graduates Service"). You must take the
time to read and understand it, before registering for the Design Graduates
Service. By registering, you accept that you are entering into a contract with
us on the terms of this Agreement.Visitors to the Design Graduates Service who
do not register to become a Member (see 2 below) similarly affirm that they are
bound by this Agreement each time they access the Design Graduates Service.
You
should be aware that this Agreement may change from time to time in accordance
with Clause 23 below.
2 Membership.People who register for the
Design Graduates Service become "Members". They must be at least 18 years of
age. The Membership divides between Graduates and Employers.
Graduate membership is free.
Graduates may:
- post their name ,some other details on the Design Graduates Service;
- upload example images of their portfolio;
- receive emailed messages, which will be sent to the email
address contained in Your Details (which are provided during Registration and
may be updated subsequently), notifying them of DGMail contacts sent by Employers
which can be viewed in the DGMail section of the site.
Employers may:
- search and browse the details, portfolios and CVs of Graduates on the Design Graduates Service;
- send DGmail messages to Graduates;
We are not an Internet service provider, however. In order to
avail of the Design Graduates Service, you must have Internet access and all the
software (and skills) required for email and web usage.
3. Registration. You undertake to register for the Design
Graduates Service using accurate and current information about yourself - including
your correct name and any other requested details. As part of the registration
process for the Design Graduates Service, you will receive a verification email,
the purpose of which is to take reasonable steps to ensure that the email address
you have nominated during registration is controlled by you. That email contains
simple instructions which you must follow.
4 Privacy policy. By agreeing to this Agreement, you
also give your consent to the way we may handle your personal data. Given the global nature of the World Wide Web, any posting on the
Design Graduates Service (including any which contain personal information) is,
of course, accessible to Internet users around the world.
5 Design Graduates's Role. You acknowledge that
we are not and cannot be responsible for the behaviour of Members - whether on
the Design Graduates Service or outside of it. We only provide a venue where the
Design Graduates Service may be accessed. In particular, you should be aware
that Design Graduates does not pre-screen or monitor the material contributed by
Members.
6 Additional services. Design Graduates may offer new or additional services through the Design Graduates
Service from time to time. Your use of those services may be subject to
additional terms and conditions, or rules of use, which you must comply with.
Provided that those terms or rules are notified to you on the Design Graduates
Service in an appropriate manner (as determined by Design Graduates in its
reasonable discretion), any failure by you to comply with a material provision
of the terms or rules governing those services will amount to a breach of this
Agreement.
7 Operation of Design Graduates Services. Design Graduates reserves
the right to withdraw or modify one or more aspects of the Design Graduates
Service, or the entirety of it, where we have legal or commercial reasons to do
so. There may also be times when the Design Graduates Service becomes
inaccessible as a result of technical difficulties experienced by Design Graduates
or on the Internet; we will, however, use reasonable skill and care to
overcome these difficulties where they are within our control.
For security or other reasons, we may require you to change
password or other information which facilitates access to the Design Graduates
Service.
8 Misuse of Design Graduates Service. We reserve the right (a) to
suspend or terminate any Member's access to the Design Graduates Service, or
parts of it, and/or (b) to edit, or require the Member to edit, material posted
on the Design Graduates Service, if the relevant Member or material appears to
us to be in breach of any provision of this Agreement. Any person whose access
has been suspended or terminated must not re-register for, or re-access, the
Design Graduates Service without our prior consent. You are responsible for
everything which is done on or through the Design Graduates Service while your
Membership account is logged on to the Design Graduates Service, or through your
email address(es).
9 Relevance. The Design Graduates Service is intended to be used by
its Members for the purposes referred to in Clause 2 above. Accordingly, Members
must not:
- include an email address, postal address, phone number, the address of any
website, or any other information which is intended to facilitate direct communication,
in their posted details posted on the Design Graduates Service - Once direct contact has been made via the DGMail facility,
the Employer and the recipients of their DGmails, can share this information, should they
wish, ;
- place material on, or otherwise use, the Design Graduates Service for any
business or commercial purpose; or
- use your access to the Design Graduates Service, or information gathered
from it, for the sending of unsolicited bulk email (sometimes known as spam).
10 Fees
You acknowledge that we are entitled to alter the amount or the basis of the
calculation of our fees from time to time, provided that such amount or basis
is clearly stated at the time when you agree to take the relevant Design Graduates
Service.
We may add new or ancillary services from time to time which require the
payment of fees - either to us or a nominated third party - on terms which will
be provided to you at the time.
11 Prohibitions. You are responsible for ensuring that no material you
post, or which is posted through a machine on which you access the Design Graduates
Service, nor any activity or communication you make in connection with any Design
Graduates Service, will be capable of (a) infringing the intellectual property
or other rights of any person or entity, (b) breaching any applicable law, whether
criminal, tortious or otherwise, or (c) appearing to be offensive, threatening,
obscene, pornographic, false, unreliable or misleading.
12Withdrawal of material and Termination of Membership. Each Member
acknowledges that we are entitled to withdraw any material on the Design Graduates
Service which appears whether based on information received from Members or
others, or our own determination to be capable of breaching any part of this
Agreement, or to bring the Design Graduates Service into disrepute. However,
each user acknowledges that we do not monitor material which appears on the
Design Graduates Service, and that we are reliant upon you and all users to
notify us of anything you see here which appears likely to breach this Agreement,
using the notification techniques which are made available on the Design Graduates
Service.
13Disclaimer and Release. Design Graduates has no control over or responsibility
for the truth or accuracy of any material available on the Design Graduates
Service, whether provided by Members or others.
- If any third party sites are linked to or from the Design Graduates Service,
this does not mean that we endorse or have any responsibility for the site in
question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see
on the Design Graduates Service than you do offline.
- Even though Members are prohibited from doing so, people may provide
information, or otherwise behave, in a way that is unreliable, misleading or
even illegal. Further, you should note that people may not necessarily be who
they say they are.
- Your use of the Design Graduates Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Design Graduates
its directors, contractors and employees from all liability arising out of or in
connection with the Design Graduates Service and the material included here by
Members and other third parties.
14Intellectual Property. You acknowledge that all copyright, trade marks,
and other intellectual property rights in and relating to the Design Graduates
Service. (Not including the material which is contributed by Members) are owned
by Design Graduates. It is easy to copy material which appears on web-sites,
but this does not mean it is legal. Therefore, no-one may copy, distribute,
show in public or create any derivative work from the Design Graduates Service,
or any of the material which is found on the Design Graduates Service unless
properly licensed to do so by us.
By submitting any material to the content to the Design Graduates Service,
you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to
display this work on the Design Graduates Service
15Indemnity. You agree to indemnify us against all liabilities, claims
and expenses that may arise from any breach of this Agreement by you or through
a machine on which you access the Design Graduates Service.
16Assignment. We reserve the right to assign this Agreement, and to
assign or subcontract any or all of our rights and obligations under this Agreement.
You may not without the written consent of Design Graduates assign or dispose
of this Agreement.
17Changes to this Agreement. Design Graduates reserves the right to
change this Agreement from time to time, and post the new version on the Design
Graduates Service. When we do so the new version of these terms and conditions
will take effect, and will govern all Design Graduates Services and your relationship
with Design Graduates:
18Severability. In the event that any term of this Agreement is held
to be invalid or unenforceable by judicial decree or decision, the remainder
of this Agreement shall remain valid and enforceable.
19Law. This Agreement shall be governed by and construed in accordance
with the laws of England and Wales .
20Keeping this Agreement. We don't separately file the individual Agreements
entered into by members when they register for the Design Graduates Service.
You can access it at http://www.designgraduates.com/. Please
make a durable copy of this Agreement by printing and/or saving a downloaded
copy on your own computer.
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