1 INTRODUCTION
1.1 This document sets out the terms and conditions
(“Terms”) applicable to your use of the
alumni website owned and managed by Sotheby's Institute
of Art (the “Institute”). You are required
to agree to these Terms prior to accessing the alumni
website, and each time you access the alumni website
these Terms will be applicable.
1.2 We may add to or change the provisions of these
Terms from time to time. All additions and changes will
be posted on the alumni website and you will be bound
by them if you access the alumni website after that
time. You are therefore advised to check the provisions
of these Terms on a regular basis. If you do not wish
to accept any such additions or changes, you should
not use the alumni website after they have been made.
2 PERSONAL INFORMATION
2.1 The Institute will collect certain personal information
from you when you register with the alumni website.
This includes your name, email address and other contact
details, as well as your course of studies, year of
graduation and current employment details. We may check
your name and other information against our other internal
records in order to verify that you are an alumnus of
the Institute.
2.2 You will also be able to upload and post information
about yourself directly onto the alumni website which
can be viewed by employees and alumni of the Institute.
You grant the Institute a royalty-free, perpetual and
irrevocable license to use any information or material
which you post on the alumni website. To the extent
permitted under applicable law, you waive all moral
rights or rights of a similar nature in any jurisdiction
in any such information or material. We may monitor
and, if necessary, amend, move or delete any such information,
without notice to you, in order to effectively manage
the alumni website and to comply with our legal obligations.
2.3 The Institute will use the personal data you provide
in order to:
2.3.1 manage the website and assist you with any queries
you may have regarding the website and its content;
2.3.2 include your name and contact details in the online
Alumni Directory unless you indicate to us when registering
that you do not wish us to do so;
2.3.3 communicate with you regarding Institute events
and networking opportunities; and
2.3.4 provide you with other news and information relating
to the Institute and its alumni.
2.4 There may be certain circumstances in which we need
to disclose information that you have provided to a
third party without contacting you first, e.g., where
it is required by a regulatory authority or otherwise
required by law.
3 CONTENT OF THE ALUMNI WEBSITE
3.1 All rights in the information and material on the
alumni website belong to the Institute and its licensors.
You agree to abide by all applicable copyright and intellectual
property laws in relation to your use of such material
as well as the terms of any additional copyright notices
or restrictions contained on the alumni website.
3.2 The information on the alumni website is for your
personal use only. No part of the content of the alumni
website may be distributed or copied for any commercial
purpose, or incorporated in any other work or publication,
without the express written permission of the Institute.
3.3 The alumni website contains areas that allow alumni
to post information and interact with each other, as
well as communicate with the Institute. The Institute
will also post job advertisements and other information
from alumni. We do not control and are not responsible
for any information provided to us by third parties.
3.4 Certain links in the alumni website will lead to
websites which are not connected with or under the control
of the Institute. The Institute has no control over
and will accept no responsibility or liability with
respect to the material on any such website.
4 ACCEPTABLE USE
4.1 You will not use the alumni website:
4.1.1 to send, receive, upload, download, link to or
use any material which is offensive, abusive, indecent,
defamatory, obscene or menacing, in breach of any confidential
information, infringes any intellectual property rights
or rights of privacy or otherwise breaches applicable
laws and regulations;
4.1.2 for any criminal, fraudulent or other illegal
activities;
4.1.3 to send or provide unsolicited advertising or
promotional material;
4.1.4 for any activity which adversely affects the Institute’s
computer systems, the ability of other people to use
the alumni website, or the ability of other people and
systems to use the Internet, including without limitation
the distribution of computer viruses and similar destructive
or harmful software files or programs;
4.1.5 to impersonate any person, company, group or entity
or misrepresent a relationship to or with any of the
same; nor
4.1.6 to collect, store, disclose or otherwise use another
alumni’s or other individual’s personal
data without that person’s knowledge or in breach
of applicable data protection regulations.
4.2 You will not disclose your user name or password
to any other person or allow any other person to access
or use the alumni website by means of your user name
or password. We reserve the right in our sole discretion
to cancel your user name and password or withdraw your
access to the alumni website at any time and without
notice.
4.3 You agree to indemnify the Institute against all
costs, claims, damages, liability and expenses (including
any professional fees) which we might suffer by reason
of a breach by you of these Terms and in particular
the provisions of paragraphs 4.1 and 4.2 above.
5 LIMITATION OF LIABILITY
5.1 Nothing in these Terms shall limit or exclude the
Institute’s liability for fraud, intentional unlawful
conduct by us, or death or personal injury resulting
from the Institute’s negligence.
5.2 The Institute gives no warranties and makes no representations,
express or implied, as to the accuracy, quality, validity
or completeness of any information or material contained
on the alumni website and accepts no liability for any
loss resulting directly or indirectly from your use
of or reliance on any such information or material.
5.3 The Institute shall not be liable to you for any
direct loss or damage or any indirect or consequential
loss or damage which may arise from the use of any of
the information or materials on the alumni website.
6 OTHER TERMS
6.1 We shall have no obligation to you to maintain the
alumni website or to notify you of any error in the
alumni website, and we reserve the right to change or
delete any or all of the content of the Alumni website
at any time.
6.2 These Terms shall be governed by and construed in
accordance with the laws of England and Wales and shall
be subject to the non-exclusive jurisdiction of the
courts of England and Wales.
6.3 Failure by either party to exercise any right or
remedy under these Terms does not constitute a waiver
of that right or remedy.
6.4 These Terms constitute the entire understanding
between you and the Institute with respect to the subject
matter of these Terms and supersedes all prior agreements,
negotiations and discussions between you and the Institute
relating to it.
6.5 Nothing in these Terms shall create any rights for
third parties under the Contracts (Rights of Third Parties)
Act 1999 or any equivalent statute or rule of law in
any jurisdiction.
6.6 If any provision of these Terms is found to be invalid
by any court having competent jurisdiction, the invalidity
of that provision will not affect the validity of the
remaining provisions of these Terms, which shall remain
in full force and effect.
If you have any queries in relation to these Terms,
please contact j.granader@sothebysinstitute.com