Nature of Service
Terms and Conditions
The Company (Design Cuts Limited) operates and organises Events through the Platform (CreateMoreLive.com; CML), and these terms (these "Terms") describe how You may access the Platform and attend Events.
Please note that We may collect, use and share Your personal data in accordance with our Privacy Notice.
1. DEFINITIONS AND INTERPRETATION
- In these Terms, in addition to those defined above, the following terms shall have the following meanings:
"Applicable Law" means all laws, statutes, regulations, directions, guidelines and codes of conduct of any governmental or other regulatory body of competent jurisdiction and any orders of any court or other tribunal of competent jurisdiction which are applicable to the performance by You or Us of the rights and/or obligations under these Terms;
"Charges" means the price for the event pack(s) and any applicable VAT;
"Event" means an online conference which has been organised and/or operated by the Company that is made available through the Platform;
"Event of Force Majeure" means a fire, flood, lightning, storm, earthquake or other similar geological or metrological event or condition or Act of God, national emergency, war, act of terrorism, riot or criminal act or damage, epidemic or pandemic (including COVID-19 or any other similar diseases) strike, lockout or other industrial action not involving the employees of the Company, communication failure or failure of technical or broadcasting facilities (to the extent such failure is beyond the reasonable control of the Company) or any other event beyond the reasonable control of the Company;
"Customer Service" means the area within the Platform specifically set up for any queries during an Event;
"Intellectual Property Rights" means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
"Party" means each of You and Us;
"Platform" means the virtual event platform made available by the Company which is accessible by You in order to access and participate in an Event;
"Register" means the process for registering for an Event by You with Us in accordance with these Terms (and "Registration" shall be construed accordingly);
"Registration Form" means the form submitted by You to Us containing the relevant information required for Registering for an Event;
"You" means you, the person attending an Event for purposes relating to your trade, business, craft or profession, and "Your" shall be construed accordingly; and
"Website" means www.createmorelive.com, designcuts.com, or any other site at which the Platform is available from time to time.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
- References to “clauses” are to the clauses of these Terms.
- Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. REGISTERING FOR AN EVENT
- All Events are open to individuals 18 years and older. Additional age restrictions may apply to all or parts of an Event in accordance with local laws and these will be made clear on the Website.
- You should check all of the information that You enter and correct any errors before submitting Your Registration, as once Your Registration is submitted you will be admitted immediately.
- Following conclusion of your Registration, You shall be able to access the Platform and access the Event on the day of the Event via the website.
- In Registering for an event, you certify that the registered attendee meets the criteria for the event. We reserve the right to cancel the registration and deny admission to any attendee which we determine, at our sole discretion, does not meet the qualifications.
3. YOUR OBLIGATIONS
- You are responsible for ensuring that You have and maintain all the hardware and software necessary to access the Platform and the Event.
- Any person accessing an Event found to have used false information or credentials or deliberately withheld information will be excluded or removed from the Event and may be liable to prosecution.
- You agree that, whilst attending the Event, You shall not and shall procure that no attendee shall:
- use the Platform in any way that is contrary to Applicable Law;
- archive, copy, distribute, modify, display, perform, publish, license, create derivative works from, or offer for sale content and information contained on the Platform unless otherwise expressly authorised to do so;
- use the Platform by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Platform for use within a third party website or application;
- abuse the Platform or use it for any unlawful or unauthorised purpose (which includes transmitting any viruses through the Platform);
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing; or
- make alterations to, or modifications of, the whole or any part of the Platform.
- We reserve the right to exclude or remove anyone from an Event and their access to the Platform who does not comply with these Terms.
4. USER GENERATED CONTENT
- If You or any of Your attendees supply/upload any content to the Platform – whether it be pictures, text, videos, sound recordings or whatever – the content supplied ("User Generated Content") must comply with the following rules:
- it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
- it must not harass or bully another person;
- it must be true and honest so far as you know;
- it must not be defamatory of anyone;
- it must not be unlawful;
- it must not use the material or content or infringe the rights or privacy of anyone else;
- it must not contain someone else’s personal details or confidential information relating to other people; and
- it must not promote or condone terrorism, violence or illegal behaviour.
- We reserve the right to remove any User Generated Content supplied by any person that We think contravenes these rules.
- When You access the Design Cuts Community Hub or interact with a speaker outside of the event or use the chat facilities on the Platform, We are under no obligation to oversee, monitor or moderate the information contained on those facilities.
- We do not guarantee that the Platform will be totally secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programmes and platform in order to access/attend an Event and We recommend that You use Your own virus protection software.
- You must not (and shall procure that no attendee shall) misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not (and shall procure that no attendee shall) attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision You (or the relevant attendee) would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, Your right to access the Platform and attend any Event will cease immediately.
6. CODE OF CONDUCT
- We are dedicated to providing a safe, harassment-free environment for all Event participants. All participants — delegates, attendees, speakers, exhibitors, staff and volunteers — are required to follow this Code of Conduct at all times. All individuals attending an Event must agree to conduct themselves in a respectful and professional manner. This includes respect for the intellectual property of others, proper display and use of digital name badges and respect for everyone regardless of their gender, race, disability, sexual orientation, religion or belief, age or being or becoming transgender.
- We will not tolerate, in any form, the following behaviours at an Event:
- harassment: unwelcome or hostile behaviour, including verbal or written comments that intimidate or create discomfort;
- intimidation, deliberate stalking or following;
- abuse of any kind;
- unwelcome sexual attention;
- offensive banter, insults, taunts or exclusionary jokes;
- recording: taking screenshots or video or audio recording of conference sessions, speakers, delegates, staff, exhibitions, slides, posters, breaks or any other virtual conference spaces, materials or individuals is not permitted without prior consent of the Company;
- disruption of any workshops, presentations, conference sessions or masterclasses;
- any form of written communication that is aggressive, rude, upsetting or which could amount to sexual or racial harassment, or harassment on the grounds of someone’s disability, sexual orientation, religion or belief, age or being or becoming transgender.
- participants may not publicise, distribute, canvass, display, carry out activities or demonstrations, or distribute materials or inducements without the prior consent of the Company. Any materials found, unless by previous agreement, will be removed.
- This is a non-exhaustive list, and We reserve the right to exclude or remove anyone from an Event for any behaviour not consistent with these Terms, as determined at our sole discretion. If You believe that these rules have been violated, You should contact customer service during an Event or use the contact details below.
7. ACCESS TO THE PLATFORM
- There may be certain areas at an Event that may have restricted access and are only available to those who have purchased the event pack. You acknowledge and accept that Your access at an Event may be limited by such restrictions.
- We shall endeavour to provide constant, uninterrupted access to the Platform; however You acknowledge that the Platform may from time to time not be uninterrupted, timely, secure or error-free.
8. INTELLECTUAL PROPERTY RIGHTS
- We are the owners or licence holders of the Intellectual Property Rights in the Platform and we reserve all our Intellectual Property Rights in the Platform and the content of all Events. You are not granted any right to use, and may not use, any of our Intellectual Property Rights other than as set out in these Terms.
- No part of the Platform or the content of any Events, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
- We grant to You a limited, non-exclusive, non-transferable, revocable, royalty-free licence to use the Platform provided that you comply these Terms.
- Any communications or materials You contribute during an Event (save for whilst You are in a private chat with other attendees) will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing the Company and our products.
- Any contributions You make to or during an Event (including any User Generated Content) must not violate the Intellectual Property Rights or other rights of third parties.
- The Platform may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and
Your use of third party websites will be governed by the terms of that third party website. We have no responsibility for any aspect of third party websites.
9. RECORDING AT DIGITAL EVENTS
- We and/or authorised third parties may make video and/or audio recordings of the Event and by participating in and/or attending the Event, You permit Us and/or authorise third parties to do this and to use any recordings taken. We and/or authorised third parties retain all Intellectual Property Rights in any video and/or audio recordings of an Event.
- You must not make any video or audio recording of conference sessions, speakers, delegates, staff, digital exhibitions, slides, posters, breaks or any other digital conference spaces, materials without our prior consent.
10. OUR RIGHT TO VARY THESE TERMS
- We may make changes to these Terms from time to time. Please check these Terms regularly to ensure that You understand the Terms that apply at the time that you access and use the Platform.
- We may immediately terminate these Terms and Your access to the Platform if:
- You breach any of these Terms; or
- We reasonably believe that You (or any of Your attendees or delegates) are in any way committing fraudulent and/or illegal activity in the use of the Platform.
- On termination of these Terms for any reason:
- Your access to the Platform will be revoked (and We reserve the right to revoke the access of any or all of Your attendees or delegates); and
- the licence granted will cease.
12. LIMITATION OF LIABILITY
- Except as expressly set out in these Terms, all conditions, warranties, stipulations and other statements whatsoever that would otherwise be implied or imposed by statute, at common law or otherwise howsoever are excluded to the fullest extent permitted by law.
- Nothing in these Terms excludes or limits either Party's liability for:
- death or personal injury caused by its own negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which may not be limited or excluded under Applicable Law.
- Subject to clause 12.2, We shall not be liable for any loss of profits, loss of revenue, loss of earnings, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
- Our total liability to You (and/or to Your employer, other attendees and/or delegates) for any loss or damage arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise shall be limited to the Charges.
13. OTHER IMPORTANT INFORMATION
- We shall not be in breach of these Terms if performance of any of our obligations under these Terms is prevented in full or in part or delayed by an Event of Force Majeure.
- These Terms constitute the entire agreement between the Parties in relation to its subject matter. It replaces and extinguishes all prior agreements, draft agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and undertakings of any nature made by or on behalf of the Parties, whether oral or written, in relation to that subject matter. The Parties acknowledge that in entering into these Terms neither have relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other Party in relation to the subject-matter of these Terms at any time before entering into these Terms (together "Pre-Contractual Statements"), other than those that are set out in these Terms. Each Party hereby waives all rights and remedies which might otherwise be available to that Party in relation to such Pre-Contractual Statements, provided that nothing in this Clause 13.2 shall exclude or restrict the liability of either Party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
- If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision. Further and in particular the Parties acknowledge and agree that any Clause that imposes a restriction on either Party shall constitute an entirely separate and independent restriction and that the duration, extent and application of each restriction are no greater than is reasonable and necessary for the protection of the interests of the Parties but that, if any such restriction is adjudged by any court or authority of competent jurisdiction to be void or unenforceable but such restriction would be valid if part of the wording thereof were to be deleted and/or the period thereof were to be reduced and/or the area dealt with thereby were to be reduced, the said restriction shall apply within the jurisdiction of that court or competent authority with such modifications as are necessary to make it valid and effective.
- If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
14. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed by the laws of England and Wales and any dispute (contractual or non-contractual) arising out of or in connection with these Terms including any question regarding their existence, validity or termination shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
15. CONTACTING US
- Should You have any reasons for a complaint, We will endeavour to resolve the issue and avoid any re-occurrence in the future. You can access customer service during and prior to attending the event.