Terms & Conditions
About the Terms
Access to and use of ‘TURNTOTHEBSIDE.com’ both within the UK and internationally is provided by B-SIDE EMPIRE.
1. By using TURNTOTHEBSIDE.com you agree to be bound by these terms, which take effect immediately on your first use of TURNTOTHEBSIDE.com. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to TURNTOTHEBSIDE.com.
2. B-SIDE EMPIRE may occasionally change these terms and so you should check these terms regularly. Your continued use of TURNTOTHEBSIDE.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on TURNTOTHEBSIDE.com then the latter will prevail.
The Use of TURNTOTHEBSIDE.com
3. You must agree to use TURNTOTHEBSIDE.com only for lawful purposes, and in a way that does not infringe rights or restrict or inhibit anyone else’s use and enjoyment of TURNTOTHEBSIDE.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within TURNTOTHEBSIDE.com.
Intellectual Property
4. All copyright, trade marks, design rights, patents of art work contributed by students and other intellectual property rights (registered and unregistered) in and on TURNTOTHEBSIDE.com shall remain vested in the student submitter. All other content located on the site shall remain vested in B-SIDE EMPIRE. As a site visitor you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use TURNTOTHEBSIDE.com content in any way except for your own personal, non-commercial use. You as a site visitor also agree not to adapt, alter or create a derivative work from any TURNTOTHEBSIDE.com content except for your own personal, non-commercial use. However the owner of the work may at any point do so with his/her own works. Any other use of TURNTOTHEBSIDE.com content requires the prior written permission of B-SIDE EMPIRE or the owner of the work.
5. The names, images and logos identifying B-SIDE EMPIRE and their products and services are subject to copyright, design rights and trade marks of the B-SIDE EMPIRE. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of B-SIDE EMPIRE.
Contributions
6. The Owner of the Work warrants that he/she is the sole creator and/or owner of all copyrights to the contributed Work, and that he/she has full power to enter into this Agreement and that this Agreement does not infringe the rights of any third party.
The agreement below applies to all original work submitted by the contributor to B-SIDE EMPIRE, its website TURNTOTHEBSIDE.com, B-SIDE EMPIRE accounts on third party sites, and identical mirror sites under that company name, regardless of the media or form of the work including but without limitation print, electronic documents, video, and audio.
You acknowledge that TURNTOTHEBSIDE.com is under ownership of B-SIDE EMPIRE and subsequently recognize that from this point onwards when referring to B-SIDE EMPIRE, TURNTOTHEBSIDE.com is also included, unless otherwise mentioned.
By contributing, you will give permission to B-SIDE EMPIRE to use the copyrighted or un-copyrighted work as follows:
- Reproduction: B-SIDE EMPIRE may post the Work on its web site, TURNTOTHEBSIDE.com, and identical mirror sites (see Section 6, paragraph A, sub-clause i), if any, which may be established in the future. B-SIDE EMPIRE will allow all readers of the site to read and watch submissions for personal use only. You also grant B-SIDE EMPIRE, but not readers of the web site, permission to re-publish the Work in a collection of works by all means and media now known or hereafter discovered, including without limitation, print, microform, CD, and DVD.
i) Mirror sites, which include: Facebook, Flickr, Joost, Vimeo, Youtube, Myspace, amongst others.
- Modification: Once published by B-SIDE EMPIRE, the contributed work shall not be modified by anyone except that B-SIDE EMPIRE shall have the right to modify the electronic format of the work for the purposes of effective distribution in such a way that does not alter the content of the work. You retain all rights to modify your own copies of the work.
- Distribution: B-SIDE EMPIRE and its subsequent websites may distribute the work through any electronic means, and you further assign the right to distribute the work as part of a re-published collection by all means and media now known or hereafter discovered, including without limitation, print, microform, CD, and DVD.
- Sale: The contributor has an option to sell their work on TURNTOTHEBSIDE.com. B-SIDE EMPIRE’s online store will offer website visitors to purchase work upon the submitters approval. The artist agrees that any purchases made online with be charged with commission Packaging and delivery charges will be paid for by B-SIDE EMPIRE but will be included in commission price. All payments will be made via Paypal or debit/credit card, and never by cash or cheque or any other money transferring forms.
- Product: The products on sale can be reproduced by either the contributor or B-SIDE EMPIRE; depending upon the individual contract between client and B-SIDE EMPIRE. Contracts are written when the contributor wishes to sell artwork or merchandise on the website.
- Public Display: B-SIDE EMPIRE may display and transmit the work on its website and identical mirror sites.
Please note that any other actions other than showcasing the art on TURNTOTHEBSIDE.com, will not be redistributed, reproduced, copied, republished, disassembled, decompiled reverse engineered, by B-SIDE EMPIRE, nor will B-SIDE EMPIRE use the Owner’s art work in any other way without seeking initial approval from the artist.
7. B-SIDE EMPIRE warrants that he/she will not take credit or ownership over the creative means of the Work, but act as a promoter for your submissions.
8. The parties agree that the contributor will at any point be able to opt out of this agreement at any point and their work will be immediately removed from the TURNTOTHEBSIDE.com and any other third party sites associated with B-SIDE EMPIRE. He/she will be open to negotiate the time limit upon which their work is showcased online.
- If the http://www address of the TURNTOTHEBSIDE.com web site changes, you will be updated and will update the pointer included in your positing to the current one.
These exceptions shall not restrict any of the rights granted to B-SIDE EMPIRE above.
9. All requests from third parties for permission to reprint material from B-SIDE EMPIRE will be referred to you. He/She retains all other rights to the work.
10. The Parties agree that this Agreement shall be binding upon the legal successors and assigns.
11. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with B-SIDE EMPIRE.
12. If you do not want to grant B-SIDE EMPIRE the permission set out above on these terms, please do not submit or share your contribution to or with TURNTOTHEBSIDE.COM.
13. The Owner of the work must be able to provide necessary documents when asked to prove his/her student or status.
14. You are agreeing that you are a university student when your work is submitted. If not necessary measures will be taken to remove your work or any promotional aid from the website.
15. In consideration of this Assignment of Submission you acknowledge receipt of due and sufficient consideration.
Disclaimers and Limitation of Liability
16. Nothing in these terms limits or excludes B-SIDE EMPIRE’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, B-SIDE EMPIRE or TURNTOTHEBSIDE.COM shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of TURNTOTHEBSIDE.COM regardless of the form of action.
17. B-SIDE EMPIRE do not warrant that functions available on TURNTOTHEBSIDE.COM will be uninterrupted or error free, that defects will be corrected, or that TURNTOTHEBSIDE.COM or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement 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.
General
18. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
19. The failure or delay of B-SIDE EMPIRE to exercise or enforce any right in these terms does not waiver B-SIDE EMPIRE’s entitlement to enforce that right.
20. These terms shall be governed by and interpreted in accordance with the laws of England, Scotland, and Wales, which shall have exclusive jurisdiction over any disputes.
Contacting B-SIDE EMPIRE about these Terms of Use
Email: info@turntothebside.com
Date of Last Revision: 23/11/09
