Terms and conditions

1 What is in these Terms and Conditions?
The terms and conditions set out below explain the rules for using our website: https://www.givenagency.com/ (our Website).

2 Who we are and how to contact us
2.1 The Website is operated by Given Agency Limited (“us”, “our” or “we”). We are a company established under the laws of England and Wales and having its registered office address at 1st Floor 168-178 Shoreditch High Street, London, England, E1 6HU.

2.2 To contact us, please email us at: info@givenagency.com

3 Accepting these terms
3.1 Our Website allows users to submit their art that may be selected for publication in a book highlighting established climate solution concepts with imaginative illustration, design and art to help share some real hope with the world.

3.2 By ticking the box ‘By ticking this box you agree to our Terms & Conditions’, you confirm that you have read and understand these terms and conditions of use and that you agree to comply with them.

4 How you may use our Website
4.1 You may use our Website for lawful purposes only. In particular, you may not use our Website:

4.1.1 in any way that is contrary to any applicable local, national or international law or regulation;

4.1.2 in any way that is misleading or fraudulent or unlawful in any other way, or has any misleading or fraudulent or unlawful purpose or effect;

4.1.3 to send, upload, make available, publish, distribute, broadcast or otherwise transmit in any way, download, crop, alter, edit, create or otherwise use any material which does not comply with our Content Standards (as set out below at paragraph ‎4.4), or to procure, enable or assist anyone else to do so;

4.1.4 to send, upload, make available, publish, distribute, broadcast or otherwise transmit in any way any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), or to procure, enable or assist anyone else to do so; and/or

4.1.5 to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.2 Furthermore, you agree not to access without authority, interfere with, damage or disrupt:

4.2.1 any part of our Website;

4.2.2 any equipment or network on which our Website is stored;

4.2.3 any software used in the provision of our Website; or

4.2.4 any equipment or network or software owned or used by any third party.

4.3 Interactive Services
4.3.1 We may from time to time provide interactive services on our Website, including, without limitation, the ability to upload artwork and media for potential inclusion in a book (the Interactive Services).

4.3.2 You acknowledge and agree that:
(a) we may suspend, withdraw or terminate the Interactive Services at our sole discretion for any reason and at any time, without notice to you; and
(b) we expressly exclude any and all liability for any loss or damage arising from the use of any Interactive Service and/or from the suspension, withdrawal or termination of any Interactive Services.

4.4 How you may use material on our site
4.4.1 We are the owner or the licensee of all intellectual property rights in relation to our Website. Those works are protected by trade mark laws, copyright laws and treaties relating to intellectual property rights around the world. All such rights are reserved.

4.4.2 You may print off one copy, and may download extracts, of any page(s) from our Website (including and Contributions) for your personal use and you may draw the attention of others to content posted on our Website.

4.4.3 You must not modify the paper or digital copies of any of our Website or any Contributions by any third party which you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4.4.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

4.4.5 Except as provided above, you must not copy, use any part of the Website, or any material uploaded by any other user of our Website, for commercial purposes without obtaining a licence to do so from us or our licensors.

4.4.6 If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

5 What data do we collect about you?
5.1 We are the controller and responsible for your personal data collected via the Website.

5.2 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you but in particular:

5.2.1 Identity data: including your first and last names; and

5.2.2 Contact data: including your email address.

5.3 We will collect this data from our direct interactions with you when you seek to upload a Contribution. We will only use your personal data when the law allows us to. By uploading a Contribution and/or providing your identity and contact data as part of any submission, you consent to the processing of your personal data. Notwithstanding this, we also have a legitimate interest in processing such personal data for the purposes of communicating with you about your Contribution.

5.4 We will at all times comply with all relevant obligations set out in the data protection laws applicable in England and Wales from time to time and please note that in certain circumstances, you have rights under data protection laws in relation to your personal data. If you have any questions about our privacy practices, please contact us at: info@givenagency.com.

6 Rules about linking
6.1 You may link to our home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

6.2 You must not:

6.2.1 establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

6.2.2 establish a link to our Website in any website that is not owned by you; and/or

6.2.3 be framed on any other website, nor may you create a link to any part of our Website other than the home page.

6.3 We reserve the right to withdraw linking permission without notice.

6.4 The website in which you are linking must comply in all respects with the Content Standards set out in these terms and conditions.

6.5 If you wish to link to or make any use of content on our Website other than that set out above, please contact us at: info@givenagency.com.

7 We are not responsible for websites we link to
7.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

7.2 We have no control over the contents of those websites or resources.

8 We may suspend or withdraw our Website
8.1 Our site is made available free of charge.

8.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational and other reasons.

8.3 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9 Our responsibility for loss or damage suffered by you
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

9.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

9.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any content displayed on our Website

9.4 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.

10 What actions can be taken if you breach these terms of use
10.1 When we consider that a breach of these terms and conditions of use has occurred, we may take such action as we deem appropriate which may include:

10.1.1 immediate, temporary or permanent withdrawal of your right to use our Website;

10.1.2 the removal of any Contribution uploaded by you to our Website;

10.1.3 legal action against you; and/or

10.1.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

10.2 We exclude our liability for all action we may take in response to breaches of these terms and conditions of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

11 We are not responsible for viruses and you must not introduce them
11.1 We do not guarantee that our Website will be secure or free from bugs or viruses.

11.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

11.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such unlawful acts 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 use our site will cease immediately.

12 You must keep your account details safe
12.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

12.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

12.3 If you know or suspect that anyone, other than you, knows your user identification code or password, you must promptly notify us at: info@givenagency.com.

13 We may transfer these terms to someone else
We may transfer our rights and obligations under these terms to another organisation and we will try to give you reasonable notice of any transfers.

14 We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in November 2021.

15 We may make changes to our Website
We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

16 Which country’s laws apply to any disputes?
These terms and conditions of use and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising out of or in connection with these terms and conditions of use. We are however entitled to take action in any other forum and jurisdiction as we deem necessary to protect our rights.