Please read these Terms and Conditions carefully, they contain important information about your rights and obligations. You can print out these Terms and Conditions by clicking on the print icon on your browser.
1 Introduction
Please read these Terms and Conditions carefully before using the www.tradingfacesonline.com website ("the Website") operated by Future Histories ("Future Histories", "our", "we" or "us") (a company limited by guarantee registered in England and Wales, registered company number: 04251186). By using or accessing the Website, you agree to be legally bound by these Terms and Conditions of use as they may be modified and posted on the Website from time to time. If you do not wish to be bound by these Terms and Conditions then you may not use the Website.
2 Nature of the Website
The Website:
provides an on-line exhibition (the Trading Faces Online Exhibition), making use of a range of works and documents including but not limited to: archive documents, video and audio material, written work, photographs and artwork;
provides you with our services including but not limited to the provision of sharing of ideas; and the provision of on-line resources and information;
provides information including but not limited to information about the Trading Faces Exhibition, Future Histories and our partners.
3 Accuracy
Future Histories does not warrant that the information contained in the Website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the Website or for any reliance placed by any person or organisation on this information. Future Histories does not warrant that the functions or materials accessible from or contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
4 Applicability of online materials
The Website is controlled and operated by us from our offices in England. Where content published on the Website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content. We have used our best endeavours to ensure that the Website complies with UK laws. We make no representations that the materials on the Website are appropriate or available for use in locations outside the UK. Those who visit the Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of the Website and/or viewing of it, or use of any material or content on the Website or services, are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use the Website and you must exit immediately.
5 Copyright and monitoring
The content of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Future Histories, its affiliates, partners or other third party licensors. All product and company names and logos mentioned in the Website are the trade marks, service marks or trading names of their respective owners, including us.
6 User Generated Content Disclaimer
When you enter information on the Website , you agree that this information can be used by Future Histories to contact you and can be entered on Future Histories' mailing lists. Any information you provide to us through the Website will be treated in accordance with our Privacy Policy
The Website may from time to time enable you to upload materials to the Website or send material to us to upload on to the Website, including but not limited to commentary, text, images, video footage, audio recordings, and information (“User Generated Content”).
You agree to Contribute User Generated Content, and use the Website only for lawful purposes and in a manner that does not infringe the rights of anyone else, nor restrict or inhibit their use of the Website. You must not contribute any User Generated Content to the Website (by uploading or posting material to the Website or sending material to us to upload on to the Website) that breaches any law, whether criminal, tortious or otherwise or that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring the Website, Future Histories or its name, or Future Histories' partners or their names into disrepute. You agree to only contribute User Generated Content to the Website in which you retain all the necessary ownership rights and intellectual property rights and that do not infringe any third party rights (including rights of privacy or publicity), unless you have formal permission or a licence from the owner(s) to contribute the material to the Website. You will indemnify Future Histories against all proceedings, actions, damages, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis) expenses and any other liabilities arising from the use by Future Histories of any material or User Generated Content you post to the Website which involves any infringement or alleged infringement of the intellectual property rights, ownership rights or any other rights (including rights of privacy or publicity) of any third party. We reserve the right to suspend or terminate your access to the Website immediately if materials posted by you on the Website are deemed by us to be in breach of these Terms and Conditions. We reserve the right to edit, or require you to edit, material posted by you on the Website if it is deemed by us to be in breach of these Terms and Conditions. Anything you contribute to the Website may be used by Future Histories for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcasting and posting of your User Generated Content. Future Histories is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever. If your access to the Website is terminated or suspended for any reason, you must not attempt to access the Website without our prior consent. You are wholly responsible for all materials posted on the Website using your user name and email address. You grant other users of the Website a non-exclusive licence to view your User Generated Content through the Website subject to these Terms and Conditions.7 Linked sites
Future Histories makes no representations whatsoever about any other websites.
When you access any website through the Website you understand that it is independent from Future Histories and that we have no control over the content or availability of that website, or the services offered through the website.
A link to any other website through the Website does not mean that Future Histories endorses or accepts any responsibility for the content, or the use of, such a website and Future Histories shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
8 Liability
We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Future Histories or our servants, agents or any other person or entity. Notwithstanding the above, if we are liable to you for any reason, our liability will be limited to £200. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.
9 General
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time. We may alter these Terms and Conditions from time to time and post the new version on the Website, following which all use of the Website will be governed by that version. You must check the Terms and Conditions on the Website regularly. These Terms and Conditions are the whole agreement between you and Future Histories.
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of the Website are governed by English law and you submit to the non-exclusive jurisdiction of the English court. Except in respect of a payment obligation, neither you nor Future Histories will be held liable for any failure to perform any obligation to the other due to causes beyond your or Future Histories’s respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right. These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.
10 Notices
All notices shall be given:
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.
Future Histories A company limited by guarantee registered in England & Wales under number 04251186 Registered office: 228 Fellows Court, Weymouth Terrace, London E2 8LJ