Terms and Conditions

The House Rules and Terms and Conditions set out below represent the agreement between "you" and "the Barbican". For the purposes of this agreement the Barbican shall mean the Board of Trustees of the Barbican. The Barbican may also be referred to as "us", "we" or "our" in these House Rules and Terms and Conditions.

Online discussion

The online discussion area of the Howard Hodgkin website gives you the chance to discuss issues that matter to you within a safe but intellectually challenging environment.

In order to keep the discussions relevant, on topic and legal(!), we must insist that you read and sign up to both our Terms and Conditions.

If you have any queries about these, please contact us at debates@howardhodgkin.org.uk

The opinions expressed in the forum are those of private individuals and are not necessarily those of the Barbican. the Barbican does not edit or monitor postings before they appear on the forum but if anyone objects to any posting or is offended by it, they should contact the Moderator by sending an appropriately worded email to: debates@howardhodgkin.org.uk who shall then take whatever steps are deemed appropriate which may include deleting any or all postings.

ECard Images and graphic materials used on the site
The images that are displayed on the Howard Hodgkin website are made available to you on the terms and conditions set out below. Again, if you have any queries about these, then please contact us at debates@howardhodgkin.org.uk.

In relation to the online discussion area of the site, these House Rules are intended to help create an atmosphere in which freedom of speech is balanced by self-discipline and a mature attitude to discussion. We encourage people to join these discussions and it would therefore be very surprising if exchanges did not occasionally become a little heated! These rules protect all users by making sure the discussions are safe and fun for everyone.
By virtue of your participation in this discussion, you are deemed to have agreed to abide by the Terms and Conditions.

Keep your contributions civil, tasteful and relevant. We're committed to providing an atmosphere in which friendly and mature dialogue takes place. Therefore:

• No flaming. Unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material is not acceptable.
• Never reveal any personal information about yourself or anyone else (for example: telephone numbers, home addresses or email addresses).
• Never name or otherwise identify anyone who is not taking part in these discussions.
• Be patient. Users of all abilities will be taking part in these discussions.
• We don't allow spamming. Don't cross post your messages to more than one discussion, or post off-topic messages.
• Reference should not be made to the personality of other participants in a discussion nor should attacks be made on an individual's character unless the person concerned has already chosen to bring his or her personality into the issue under discussion.
• No advertising is allowed except where it is for an event, publication or similar items that has direct relevance to the subject of discussion.
• Information about locating and sharing knowledge and expertise is welcomed, but within the specific discussion category provided.
• Posts containing languages other than English may be removed.
• Impersonating someone else is unacceptable, as is adopting an inappropriate user name (one that is vulgar, offensive, etc.)
• If a person has sent you a private email you may not forward it to a public discussion without the prior consent of the person who sent it.
• Please keep your posts to a reasonable length - around 500 words maximum.

We will publish as many messages as possible but cannot guarantee that all messages will be published.

• You may not post any defamatory or illegal material of any nature in the discussions. This includes text, graphics, video, programs or audio. Posting a message with the intention of committing an illegal act is strictly prohibited.
• You should remember that you are legally responsible for what you write. You agree to only post materials to which you have the copyright or other permission to distribute electronically. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
• By participating in any discussion, you undertake to indemnify us and our employees and subcontractors against any liability arising from any defamatory or illegal material, published by you on this site and against all damages, losses, claims and costs (including, without limitation, fines and expenses arising out of or incurred in conducting or defending any proceedings) arising from any such actionable statements.
• You must not make statements or include in your postings links to websites that are libelous, obscene, seek to incite racial hatred or otherwise break the laws of the United Kingdom.
• the Barbican does not sponsor, endorse or otherwise approve of any information or statements appearing in external internet sites, nor in sites referred to in or linked to those sites.
• By agreeing to the rules and the Terms and Conditions you are agreeing to assign all copyright and related rights in your postings throughout the world to the Barbican so that we may use them for any purpose (which may include the publication of them).

• Complaints about a breach of these House Rules should ONLY be made by private e-mail to the Moderator at debates@howardhodgkin.org.uk
• The Moderator will take timely and appropriate action with regard to the complaint.
• If you fail to abide by these House Rules you will be formally warned by email. This warning may include a temporary suspension of your ability to participate in any or all of the discussions. If after this warning you continue to breach the rules, you will be prohibited from using the discussions for an extended period of time.

About your privacy

This section provides general information about the use of personal details provided in relation to your use of the Howard Hodgkin website, whether by taking part in the online discussions or as a user of the image library.

• the Barbican will not publish or provide your email address to anyone.
• Our registration process requires you to supply us with your email details, but we will only use this information to validate your access to the website and for other service administration purposes. the Barbican complies with the 1998 Data Protection Act.

All copyright and other rights in the website and all material posted (including all material posted on the discussion pages ("Debate")) on the website hosted under the www.howardhodgkin.org.uk URL ("the Website") is owned by the Barbican or other parties.

The Barbican hereby grants to you a limited licence to use the materials, features and services provided by the Barbican on the Website solely for your personal, non-commercial use and subject to these terms and conditions.

In return for the Barbican allowing you to access the Website you are deemed to accept the following Terms and Conditions of use (and if you do not accept these Terms and Conditions in full, you will not have permission to access any part of the Website and you should therefore leave the Website immediately):
The Discussion Pages

1. You agree that the Barbican may put your contributions to the Discussion Pages (“your Contributions”) on the Discussion Pages in accordance with these terms until such time that the Barbican decides to take them down. Therefore, please do not include any information in your Contributions which you would not be happy to be viewed by other people.

2. You agree that the Barbican has the right to refrain from posting your Contributions and/or may remove them at its discretion.

3. You agree that you will not include any material within your Contributions that:
•  identifies anyone else except for someone anyone who is taking part in these discussions;
•  is copied entirely, or to any substantial degree, from another work;
•  is defamatory, offensive, obscene, blasphemous, amounts to an invasion of privacy or is otherwise unlawful or otherwise in breach of the House Rules; or
•  might bring the Website, the Barbican into disrepute.

4. Subject to what is said below, material from the Discussion Pages may be downloaded, viewed, printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information resource in good faith ONLY . Any other type of use requires the prior written agreement of the Barbican and all rights in the Discussion Pages are reserved.

5. You hereby assign to the Barbican (and undertake to confirm such assignment in writing at our request) all copyright, database right and all rights of a similar nature that subsist in your Contributions throughout the world for the full term of such rights and any extensions and/or renewals thereof. Furthermore, in respect of your Contributions you hereby waive your moral rights to:

(a) paternity; and

(b) object to derogatory treatment.

6. You accept that the opinions, ideas and information provided on the Discussion Pages are those of the writer. the Barbican does not accept any liability for these opinions, ideas and information. It is the responsibility of users to check the accuracy of relevant facts and opinions given on the Discussion Pages before entering into any commitment based upon them.

7. By submitting your Contributions to the Discussion Pages you warrant that your Contribution:

(a) is your own original work and that you have the right to make it available to the Barbican ; and

(b) is not defamatory and does not infringe any law.

You agree to indemnify the Barbican against all legal fees, damages and other expenses that may be incurred by the Barbican as a result of your breach of the above warranty.

Use of Ecard Images

8. You are permitted to send the Images as electronic cards ("e-cards") to third parties for your own non-commercial purposes in good faith only and in strict accordance with the instructions and directions set out on the relevant pages of the Website. You agree that you will not send any e-cards for any malicious, unlawful or libellous purpose. Furthermore, you agree that all text and pictures that you send accompanying any e-card will not be obscene, threatening, abusive, harassing, defamatory, unlawful and do not infringe the copyright of another party in any way. the Barbican does not monitor and is not responsible for the text and/or pictures that you send accompanying any e-card via the Website and you agree to indemnify the Barbican in the event that you are in breach of the terms of this Clause 8. Notwithstanding the foregoing the Barbican reserves the right to investigate reports of misuse of the Website and/or the e-card service. You are not permitted to transmit any Image to a third party other than by way of an e-card via the Website.

9. You may not use the Website to send e-cards to group mailing lists or to send any unsolicited bulk or commercial messages. the Barbican reserves the right to limit, in its sole discretion and without prior notice to you, the number of e-cards that you may send using the Website and/or the number of recipients to which you send such e-cards or messages.

10. the Barbican has made reasonable efforts to obtain permission (where necessary) to use the Images on the Website and, so far as the Barbican is aware (and to the best of its knowledge) all of the Images have been cleared for such use.

11. You are only permitted to use the Images in accordance with these terms and conditions and in accordance with all instructions and directions contained in the Website. You are not permitted to use any Image, Images or any part of any Image for any other use whatsoever, including, for the avoidance of doubt (and without limitation), any commercial use. For any non-personal use of the Images you must obtain the prior written permission of the Barbican.

General

12. You agree:
•  not to create a database (electronic or otherwise) that includes any material downloaded or otherwise obtained from the Website;
•  not to alter or modify or transmit, broadcast, re-circulate, re-publish or sell to any third party any material obtained from the Website including, without limitation, any of the Images, any material contained in the Discussion Pages or any of the written essays ;
•  not to modify, alter or remove any copyright or trade mark notice(s) or any "watermark" (whether visible or invisible) from any material contained on the Website;
•  not to use the Website in any way that might infringe third party rights, be otherwise unlawful or that might bring the Barbican into disrepute;
•  not to frame the Website or any of the materials (including without limitation any Image or Images) or post any of the same on other websites; and
•  to indemnify the Barbican against all losses and costs incurred as a result of any breach of the House Rules and/or these Terms and Conditions by you.

13. the Barbican reserves the right to refuse you access to any part of the Website at any time and for any reason without giving advance notice and the Barbican shall not be liable for any losses or damages that may arise from such refusal.

14. You agree to keep all passwords and usernames provided to you by the Barbican secure and you accept that you will be held responsible for any contributions made to the Discussion Pages or use made of the Images as a result of your passwords and usernames falling into unauthorised hands (except where due to the negligence of the Barbican ). Therefore please do not leave your computer while logged on to the Website and ensure that your username and password are kept secure (ensuring that your computer does not keep a permanent record of the username and password that can be accessed by subsequent users of it).

15. the Barbican cannot guarantee that your use of the Website, including without limitation your use of the Discussion Pages or use of the Images (whether by sending e-cards or in relation to the web galleries) will be free from error and/or uninterrupted. the Barbican shall not be liable for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in contract, negligence or other tortious action, arising out of, or in connection with the Website or any other Internet sites.

16. The Website may contain links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. the Barbican is not responsible for the content of these Internet sites.

18. Whilst effort has been taken to ensure that the Website is free from viruses, no warranties are given that it is free from viruses and users are responsible for ensuring that they have installed adequate virus checking software. the Barbican shall not be liable for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of the Website or any hardware on which they are hosted.

19. These terms and conditions (and the House Rules) may be varied from time to time. Please ensure that you review these terms regularly as you will be deemed to have accepted a variation if you continue to use the Website after a variation has been posted.

20. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

21. These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Website, including without limitation the Discussion Pages and use of the Images, shall be exclusively subject to the jurisdiction of the courts of England and Wales.

If you have any queries about these terms or about the Website generally, please send an appropriately worded email to debates@howardhodgkin.org.uk.

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