TERMS AND CONDITIONS
The Big Think website (“the Website”) is provided by the Human Values Foundation (also referred to herein as “we”, “us”, and “our”) for the benefit of Infant Members, Junior Members and Full Members (“Members” or “Subscribers”) of The Big Think subscription service (the “Subscription Service”), for those who want to purchase or use other services, software or goods offered by way of the Website (“Other Goods and Services”), and for those who visit the Website for any other purpose. It is provided subject to the following Terms and Conditions.
1. Please review the Terms and Conditions fully before you use the Website, create an account, subscribe for membership of the Subscription Service, or use or purchase any Other Goods and Services. Your use of the Website, subscription to the Subscription Service, or purchase or use of any Other Goods and Services constitutes acceptance of these Terms and Conditions and creates a legally binding agreement (the “Agreement”) between you and the Human Values Foundation. You will also be subject to any additional terms posted with respect to individual sections of the Website which are deemed part of the Agreement. If you do not agree, please discontinue your use of the Website, the Subscription Service and Other Goods and Services.
2. The Human Values Foundation reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of this Website after changes are posted constitutes your acceptance of this Agreement as modified.
3. You agree to use this Website for lawful purposes only and in a manner, which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.
4. The Website and the information, names, images, pictures and logos regarding or relating to The Big Think, to the Subscription Service, to the Other Goods and Services and to the Human Values Foundation are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will the Human Values Foundation be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use of or in connection with such use or loss of use of the site, whether in contract or in negligence.
5. We do not warrant that the functions contained in any of the material contained in or accessed through this Website including the Subscription Service and Other Goods and Services will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
6. General copyright restrictions
6.1 Commercial use or publication of all or any item displayed is strictly prohibited without prior authorisation from the Human Values Foundation. Nothing contained herein shall be construed as conferring any licence by us to use any item displayed.
6.2 Documents that are available to non-subscribers may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made and the documents are copied entirely. However, some documents, graphics and photographs (“Documents”) have been published on this Website with the permission of other relevant copyright owners (who are not the Human Values Foundation). All rights are reserved on these Documents and any permissions needed to copy them must be requested from the copyright owners (the sources are indicated within these documents / graphics / photographs) and in the case of items which are free to copy, use or modify, such as those that are subject to a Creative Commons Attribution licence or other Commons licence arrangements the terms and conditions of that licence must be complied with.
6.3 Moreover use of Documents from this Website by non-subscribers is subject to the following conditions:
6.3.1 the Documents may be used solely for personal, informational, non-commercial purposes; and
6.3.2 the Documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Website in whole or in part without the prior written permission of The Human Values Foundation.
7. The Subscription Service
The following provisions set out the terms and conditions of licence and use that apply specifically in relation to all three membership levels (Infant Membership, Junior Membership and Full Membership) of the Subscription Service. They give details of the licence we grant you as Members, and governs your use of the Subscription Service, and of all content provided as part of the Subscription Service whether by means of the Website or otherwise (collectively known as “the Content”). By accessing the Subscription Service even on a trial basis you are agreeing either yourself or on behalf of your school or establishment to the terms set out in this Clause whether you, your school or establishment have purchased the subscription yourself or another party is paying for the subscription on your behalf.
7.1 Provision of the Subscription Service
7.1.1 The Big Think website (the “Website”), the Subscription Service and Content are owned by the Human Values Foundation, registered in England (Company number 3089834, Registered Charity number 1048755, Registered Office: The Coach House, Salisbury Road, Horsham, West Sussex, RH13 0AJ).
7.1.2 Upon payment of the appropriate fee (the “Membership Fee”) for the period of your subscription, you will receive access to that part of the Subscription Service and Content to which your membership level entitles you.
We will endeavour to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to the Website and the Subscription Service.
7.1.3 You acknowledge that you have provided us with accurate and complete registration information and that it is your responsibility to inform the Human Values Foundation of any changes to that information (including your email address) via our contact email address email@example.com.
7.1.4 The terms and conditions set out in this Clause 7 (including any documents referred to within them) contain all the terms on which we provide the Subscription Service to you. They supersede any prior promises, representations, undertakings or implications made.
7.1.5 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
7.1.6 Access to the Subscription Service (except for those parts that we make freely available) is provided to you only on condition that either you have paid the Membership Fee (in the case of an individual who has subscribed for membership) or that you are a duly authorised employee or member of an institution that has paid the Membership Fee.
7.1.7 Your subscription period begins on the day that the Human Values Foundation sends you an email notification that your membership application has been accepted [???check this process]. You are responsible for ensuring that the details are passed on to the relevant persons at your school or establishment to facilitate their access to the site.
7.1.8 The Membership Fee is calculated annually on the anniversary of the start of your subscription (unless otherwise stated) and payable by such method of payment as the Human Values Foundation requests. The Human Values Foundation shall be under no obligation to provide the Subscription Service until the Membership Fee has been paid in full. Arrangements will be made to renew your subscription only if you confirm verbally or in writing that you wish it to do so and agree to pay the Membership Fee. If you fail to pay the invoiced Membership Fee for any subsequent year we may suspend your access to the Subscription Service until your Membership Fee is paid.
7.1.9 On registration you or your establishment will be allocated unique ID details. At the start of your subscription you will be allocated a unique password which can be changed by you at any point. The Human Values Foundation will not store any passwords. You are responsible for all use of the Subscription Service using your ID and for preventing unauthorised use of your ID. You must ensure that any user you pass the ID details on to complies with the terms of this Agreement and all other reasonable user terms made available on the Website. [check this how it will work]
7.1.10 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately by emailing firstname.lastname@example.org.
7.1.11 You may use the Subscription Service on all computers and on all networks within the purchasing establishment, so long as computers outside of the establishment cannot access the Subscription Service. The Subscription Service cannot be used on any computer or networks outside of the purchasing establishment or those establishments the service has been procured on behalf of, unless by teachers from the purchasing establishment who may use the Subscription Service at home for lesson planning and preparation purposes. You may also use the Subscription Service on a portable computer within the establishment. [check this how it will work]
7.1.12 You may not rent or lease access to the Subscription Service nor provide access (or allow any other person to provide access) to the Subscription Service on any other computer except as expressly permitted in Clause 7.1.11.
7.1.13 If the Human Values Foundation reasonably believes that your ID is being used in any way which is not permitted by this Agreement, it reserves the right to cancel access rights immediately on giving notice to you and to block access from your ID.
7.1.14 The Human Values Foundation may decide to provide a free trial of all or part of the Subscription Service to allow customers to view the Subscription Service and Content or test the compatibility of the Website with their computer and internet connection, but it is not committed or obliged to do so.
7.2 Copyright relating to the Subscription Service and Content
7.2.1 The Subscription Service and all its Content (including any images, designs, photographs, animations, video, audio, music and text incorporated into the Subscription Service), with the exception of a certain stories, photographs and graphics which are reproduced under various licences including Creative Commons licences and marked as such, are owned by the Human Values Foundation and are protected by United Kingdom copyright laws and international treaty provisions. Subject to Clause 7.2.2 Subscribers to the Subscription Service may retrieve and display the Subscription Service on a computer screen, print individual pages on paper and store files on your internal server for your internal educational non-commercial purposes that comply with this Agreement.
7.2.2 You may not, except in the case of the stories, photographs and graphics which are reproduced under various licences and marked as such, without prior written permission from the Human Values Foundation:
188.8.131.52 redistribute any of the Content (including by using it as part of any library, archive or similar service);
184.108.40.206 remove the copyright or trade mark notice from any copies of Content made under this Agreement;
220.127.116.11 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
18.104.22.168 modify, reproduce, publish or in any way commercially exploit any of the Content;
22.214.171.124 reverse engineer, decompile, or disassemble the Content or any part of the Subscription Service. This clause does not prevent access to activities on an individual basis via a VLE or cached files as purposefully supplied by the Human Values Foundation for the reduction of bandwidth.
7.2.3 You acknowledge that The Big Think is a trade mark and that you may not use it without written permission.
7.2.4 You may use, modify, reproduce or publish the stories, photographs and graphics which are reproduced under various licences but only if permitted by the relevant licence, such as for example where copying, using or modifying are permitted under a Creative Commons licence, and in all cases you must comply with the terms and conditions of that licence. The sources of all the materials that we have reproduced under licence are indicated at the relevant part of the Content, and it is your responsibility to ascertain the terms and conditions of the relevant licence before using, modifying, reproducing or publishing any of them.
7.3 Warranties relating to the Subscription Service
7.3.1 The Human Values Foundation will use its reasonable skill in making the Subscription Service available to you and in ensuring its continuing availability while you are a Member. However, because of the nature of the internet and computer software and hardware, errors and omissions do occur and the Human Values Foundation does not give any other warranties in respect of the Subscription Service. In particular, you should not take the accuracy of the information for granted and the Human Values Foundation makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
7.4 Limitation of liability for the Subscription Service
7.4.1 The Human Values Foundation will use its reasonable endeavours to resolve faults in the Subscription Service while you are a Member. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the Membership Fee actually paid or payable in relation to your use for the relevant term of the Subscription Service. If you are in a trial period, your only remedy will be to terminate your use of the service.
7.4.2 To the maximum extent permitted by applicable law, the Human Values Foundation shall not be liable for any damages arising out of use or inability to use the Subscription Service (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if the Human Values Foundation has been advised of the possibility of such damage. In any event, the Human Values Foundation’s entire liability to you under this Agreement or with regard to the Subscription Service shall be limited to the amount actually paid for the Subscription Service.
7.5 Email communications to do with the Subscription Service
7.5.1 By purchasing a subscription to the Subscription Service you agree to receive occasional “account maintenance” email notifications. These will provide links to resources needed for getting started when you first subscribe, give essential account information in relation to the service, and inform you when you are approaching the end of your subscription period. When you sign up to the Subscription Service the Human Values Foundation will also request that you agree to be placed onto a mailing list to receive added-value marketing emails that provide additional classroom resources and news about new features, which can be unsubscribed from at any stage. [make sure this is accurately reflecting the process – and can we state that new Members are enrolled automatically on this marketing list?]
8. Purchase of Other Goods and Services
8.1 All orders for Other Goods and Services placed through the Website or otherwise communicated to us are subject to acceptance of the order by the Human Values Foundation, at which point a contract is formed between both parties and the goods are despatched on receipt of payment. Title and ownership of goods will pass to the customer on delivery. The point at which we accept payment for the order is considered to be the point where we give instructions for the relevant goods or services to be delivered.
8.2 On occasion a manufacturer or supplier may make small changes to the design of goods we show on the Website, and therefore the item/items you receive may have small differences to any picture of the item displayed on the Website. The colour of goods may vary slightly from that shown on the Website due to limitations of browser software and monitors.
8.3 All goods that we show on the Website are subject to stock availability at the time of ordering. While every effort will be made to ensure that all items shown are in stock we offer no guarantee of availability and electronic publication does not constitute an offer of sale.
11. Links to other websites
The Human Values Foundation takes no responsibility for the content of external internet sites. Other websites that we link to are owned and operated by third parties and the Human Values Foundation has no control over them. The fact that we include links to other websites does not mean that the Human Values Foundation approves of or endorses any other third-party website or the content of that website. We accept no liability for any statements, information, products or services that are published on or are accessible through any websites owned or operated by third parties.
12. Any communication or material that you transmit to, or post on, any public area of the Website, including any data, questions, comments, suggestions, or the like, is, and will be treated as, non-confidential and non-proprietary information.
14. These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
15. If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.