RIBA Knowledge Communities

Terms

Please read these terms carefully before using RIBA Knowledge Communities

Thank you for accessing www.riba-knowledgecommunities.com. These Terms will apply whenever you access RIBA Knowledge Communities and use any services thereon. By proceeding to access and use RIBA Knowledge Communities, you confirm that you have read these Terms and agree to be bound by them.

From time to time RIBA (as defined below) may modify these Terms. Accordingly, please continue to review these Terms whenever accessing RIBA Knowledge Communities.

Contents

  1. Introduction
  2. Conditions of use of RIBA Knowledge Communities and user conduct
  3. Intellectual property rights
  4. Liability
  5. Communities and discussion boards
  6. Your computer software and hardware
  7. Data collection/privacy
  8. General

Introduction

RIBA Knowledge Communities is owned by the Research and Development Department at the Royal Institute of British Architects ("RIBA"). Our e-mail address is research@inst.riba.org
For the purposes of these Terms, the following words shall have the following meanings:
"Intellectual Property Rights" means patents, designs, trade marks, service marks, trade names, logos, get-up, domain names, copyright (including without limitation rights in computer software, videos, music, sound, source code, object code, graphics, photographs, illustrations and artwork), database rights, rights in performances, moral rights, confidential information, know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world.

Conditions of Use of RIBA Knowledge Communities and User Conduct

RIBA expects you to be courteous to fellow users, to be constructive and objective (not insulting) in using, changing, or adding content, and to abide by our policies and copyright license (including not plagiarising content).
When using or accessing RIBA Knowledge Communities you agree:

  • Not to post or transfer to RIBA Knowledge Communities (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other Intellectual Property Right, or damaging to data, software or the performance of our or any other parties' computer system. You agree to indemnify RIBA in respect of any liabilities, losses, expenses or other costs whatsoever incurred as a result of a breach of your obligation under this condition, including but not limited to, any claims made against RIBA by a third party.
  • That the Data Protection Act 1998 (the "Act") is designed to protect individuals about whom information is entered and stored on computers and other systems. Any data about individuals you enter onto RIBA Knowledge Communities directly or included in any message to RIBA will be subject to the Act and you are responsible for its accuracy, relevance and must have the authority to disclose it to RIBA to utilise for the purpose for which you have provided such information.
  • That you may not link RIBA Knowledge Communities to any other website without RIBA's prior written consent.
  • That RIBA Knowledge Communities is not directed at any person in any jurisdiction where for any reason the publication or availability of RIBA Knowledge Communities is prohibited. Those in respect of whom such prohibitions apply must not access RIBA Knowledge Communities.
  • That RIBA does not represent that RIBA Knowledge Communities or the content thereon is appropriate for use or permitted by local laws in all jurisdictions. Those who access RIBA Knowledge Communities do so on their own initiative and are responsible for compliance with all applicable local laws or regulations. Legal advice should be sought in cases of doubt.
  • That you will always attribute content and will use content available on RIBA Knowledge Communities for non-commercial purposes only.
  • That to the extent permitted by law and expect as expressly provided for in paragraph 4 below, RIBA does not accept liability in respect of RIBA Knowledge Communities or the content thereon.
  • Your use of RIBA Knowledge Communities is subject to the laws of England and Wales and the exclusive jurisdiction of the English Courts.

Intellectual Property Rights

You acknowledge and agree that the ownership of any Intellectual Property Rights (including for the avoidance of doubt, copyright) in or displayed on RIBA Knowledge Communities belongs to us or our third party users. Accordingly, you agree that no part of RIBA Knowledge Communities (or its source HTML code) may be used, transferred, copied, reverse engineered, downloaded or reproduced in whole or in part in any manner other than for the purpose of utilising RIBA Knowledge Communities.

RIBA may, from time to time, display trade marks and logos on RIBA Knowledge Communities which may belong to RIBA or third parties who have given RIBA permission to post their trade marks or logos on RIBA Knowledge Communities. You may only use the trade marks and/or logos featured on RIBA Knowledge Communities for the purpose of displaying RIBA Knowledge Communities on your computer screen or printing out RIBA Knowledge Communities on your printer. Nothing in these terms and conditions shall give you the right to use, copy or adapt any such trade marks or logos and nothing shall be deemed to vest any rights in such trade marks, logos or any other Intellectual Property in you or any third party.

You should only contribute content to RIBA Knowledge Communities if you are the copyright owner, or have (and can prove that you have) permission by the copyright owner(s) to do so. In accordance with this obligation you warrant that you are the copyright owner of, or have (and can prove that you have) permission of the copyright owner(s) to submit, all content, comments, view and opinions that you submit to RIBA Knowledge Communities.

Liability

  • All content and information on RIBA Knowledge Communities including that belonging to or posted by third parties is provided "AS IS" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the exclusion may not apply to you.
  • RIBA does not accept liability for any errors, technical inaccuracies or omissions contained on RIBA Knowledge Communities. You acknowledge and agree that the content of RIBA Knowledge Communities could include technical inaccuracies or typographical errors. RIBA reserves the right at any time to make changes to, or delete, content without notice including content which it considers to be inappropriate, offensive, or in breach of its copyright license or other laws (such changes and/or deletions may from time to time cause temporary interruptions in the provision of RIBA Knowledge Communities content).
  • Information, advice, and opinion expressed on RIBA Knowledge Communities should not be relied on for professional, legal, financial, medical or other decisions, and the material is not a substitute for professional and legal advice. You should consult an appropriate professional for specific advice tailored to your situation.
  • Except to the extent that by statute liability may not lawfully be excluded in terms and conditions of this nature and save in respect of fraud, personal injury or death to the extent it results from our negligence and any other liability that may not be excluded or limited by law, in no event will RIBA be liable to you or any third party for any damages whatsoever (including any direct loss suffered), and in particular, RIBA shall not be liable for special, indirect, consequential, or incidental damages for lost profits or contracts, loss of income or revenue, loss of anticipated savings, loss of data, loss of use or loss of goodwill, whether brought in contract, negligence, or tort arising out of or connected with RIBA Knowledge Communities or the information contained in it.
  • RIBA does not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link from RIBA Knowledge Communities and the RIBA does not endorse or approve any content of, or products sold or offered on, such third party websites. If you consider that links from RIBA Knowledge Communities to certain websites are inappropriate in any way, then you are advised to contact RIBA by emailing research@inst.riba.org.
  • You are advised that RIBA Knowledge Communities does not contain any content which reflects official RIBA policy and RIBA shall not be held responsible for any content provided by third parties. RIBA specifically disclaims any liability with regard to the Communities (as defined in paragraph 5 below) and any actions resulting from your participation in the same.

Communities and Discussion Boards

RIBA Knowledge Communities contains certain discussion forums and other message or communication facilities ("Communities"). Much of the content of the Communities (including without limitation descriptions and the content within a specific message or post) is provided by, and is the responsibility of, the third party creator or person posting in that Community. RIBA has no responsibility for such content and is merely providing access to such content as a service to you.

You acknowledge that the Communities may carry offensive, harmful, inaccurate or otherwise inappropriate material or in some cases postings that have been mislabelled or are otherwise deceptive. RIBA expects you to use caution and common sense when using the Communities and when giving out personally identifying information about yourself in the Communities.

You acknowledge that RIBA does not control the information delivered to the Communities and RIBA has no obligation to monitor the Communities. RIBA reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, police or governmental request to edit, refuse to post or remove any information or materials in whole or in part for any reason in its sole discretion.

You agree that you are responsible for your own communications and for any consequences thereof. You acknowledge that RIBA does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications or opinions in the Communities and that any reliance on the same will be at your own risk. You agree to use the Communities only to send and receive messages and material that are legal and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community you will not:

  • Contribute any content, views or opinions that RIBA may deem to be unlawful, threatening, abusive, harassing, false, inaccurate, defamatory, obscene, libellous, biased, homophobic, racist, sexist, or otherwise objectionable, or that violate any applicable law;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
  • Upload any content that you do not have the right to make available under any law;
  • Upload content that infringes any patent, trademark, trade secret, copyright, or any other proprietary or Intellectual Property Rights of any party;
  • Upload content that consists of unauthorised advertising or promotional materials, or offer to sell any goods or services;
  • Upload content that may be damaging to data, software or the performance of applicable computer systems (including any viruses or corrupted files);
  • Conduct or forward surveys, contests, pyramid schemes or chain letters; and/or
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the original, or source of, material or content.

RIBA reserves the right to remove any content without notice, including for the reasons listed above and shall have no liability arising from such removal. RIBA may also suspend or remove your account with RIBA Knowledge Communities at anytime without liability to you and without notice for any reason whatsoever, including if your conduct breaches these Terms.

By posting communications, opinions, views or content through RIBA Knowledge Communities (including through the Communities) you grant us a licence to use, copy, reproduce, edit, modify and display the communication, opinion, view or content. 

Your computer software and hardware

RIBA does not accept liability for any damages arising as the result of errors, bugs, or viruses contained on RIBA Knowledge Communities. Indeed, RIBA makes no guarantee that RIBA Knowledge Communities is free of such items.

RIBA makes no guarantee that RIBA Knowledge Communities is compatible with your computer equipment, including internet browser.

RIBA is not responsible for any losses or inconvenience incurred through temporary suspension of your access to RIBA Knowledge Communities through hardware or software failures (including telephone lines or other equipment).

Data collection/privacy

RIBA collects and stores data as set out in the RIBA Knowledge Communities Privacy Policy, which you accept by registering and using RIBA Knowledge Communities.

General

Each provision of these terms and conditions is severable and if any provision becomes invalid or contravenes applicable regulations the remaining provisions will not be affected.

You acknowledge that in accepting these terms and conditions you have not relied upon and that neither we nor our employees, officers or agents have made any statements, representations, promises or undertaking whatsoever that are not expressly contained in these terms and conditions.

Our rights and remedies under these terms are cumulative and are not exclusive of any rights or remedies provided by law or any other agreement.

No waiver by us of any breach of any obligation arising under these terms shall constitute a waiver of any other breach and no failure to exercise, or partial exercise, by us of any remedy shall continue a waiver of the right subsequently to exercise that or any other remedy.

You agree not to export from anywhere any part of the information provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under applicable export laws rules or regulations.

In the event of any failure interruption or delay in performance of our obligations resulting from acts events or circumstances not reasonably within our control including industrial disputes acts or regulations of any governmental or supranational bodies or authorities or the breakdown failure or malfunction of any telecommunications or computer service we shall not be liable or have any responsibility of any kind for loss or damage thereby incurred or suffered by you.

For the purpose of section 1(2) of the Contracts (Rights of the Third Parties) Act 1999 the parties state that they do not intend any term of these terms and conditions to be enforced by any third parties but any third party right which exists or is available independently of that Act is preserved.