This clause clarifies that by using this website (“Sharek.co.uk”) you are entering into a legally binding agreement with us and you agree to comply with these Sharek.co.uk Terms and Conditions (as amended from time to time) when using our website, as well as with any additional terms and conditions that apply to some of our services.
This legal notice applies to the entire contents of the website under the sole or joint control of Sharek.co.uk and to any correspondence by email between us and you. Please read these terms carefully before using the website. Use of this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website. These terms and conditions are issued by Sharek.co.uk.
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised. We will take reasonable steps to inform disabled users of any changes and the date of such changes to these Terms and Conditions.
Your continued use of the Services (as defined below) or the Website (as defined below) after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the Services or the Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
The General Terms and Conditions apply to all users of the websites listed below. However, particular Services may also be governed by additional or alternative terms of service, which are set out in Additional Terms of these General Terms and Conditions and may also be provided separately, in which case please note that the General Terms and Conditions and any Additional Terms must be read together.
For institutions, corporations, public bodies or persons representing any of those, the General Terms and Condition and the Additional Terms for Institutions apply in all instances.
You should print a copy of these Terms and Conditions and any relevant Additional Terms for future reference.
General Terms and Conditions for all users
This clause specifies the website to which these Terms and Conditions apply.
These are the Terms and Conditions that apply to use of:
Who we are
This clause tells you some basic information about our company.
This Website is brought to you by Sharek.co.uk. References to “we”, “our” and “us” are references to Sharek.co.uk. In these Terms and Conditions, “Affiliate” means, in relation to any party, any person or entity Controlling, Controlled by or under common Control with such party, for the time being; and for these purposes, “Control” means the power to direct or cause the direction of the management and policies of a party, whether directly or indirectly and whether through the ownership of voting securities, by contract, or otherwise, and the words “Controlling” and “Controlled” shall be construed accordingly.
Use of your personal information
This clause explains the types of services that we provide on our websites.
Sharek.co.uk currently provides users with access to various online services and resources including forums and specialist content through its Website Sharek.co.uk. Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions and may be subject to Additional Terms as linked herein, or otherwise notified to you. Any purchase contract you may enter into by using the Services will be subject to the terms of sale presented to you at the time of sale in addition to these Terms and Conditions and any Additional Terms applicable to the relevant Service. User-Uploaded Content (as defined below) may be made available for download subject to various terms and conditions and under specific additional licences in respect of such content; save as otherwise provided, such additional licences are not granted by Sharek.co.uk but rather by the author of such User-Uploaded Content. You agree to be bound by the licensing arrangements relating to such materials and not to use any of the Services in a manner that breaches any such licences. Please see our Additional Terms for more information.
Member accounts, passwords and security
This clause explains how we endeavour to protect your personal information as well as your responsibility to look after your account password and for activities that occur under your password and account.
The Internet is not a secure medium. However, Sharek.co.uk will endeavour to protect all personal information collected through the Website in accordance with appropriate data protection standards.
The registration processes on the Websites may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sharek.co.uk of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sharek.co.uk cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
Member Acceptance of Terms of Sale
This clause explains how you are obliged to agree to the Terms and Conditions and any additional terms every time you use our Websites to make an electronic purchase.
Your use of the Websites and registration of an account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms and Conditions (including the Additional Terms relating to such purchase), and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on our Websites, including notices of cancellation, policies, contracts, and applications.
This clause sets out the rules that govern your use of our websites and services and specifically the rules that will apply if you upload content to our Website e.g. any resources that you may have created.
Our forums, resource bank and any pages of the Website where you are able to upload materials are provided for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment. You acknowledge that all information, data, messages, documents and materials uploaded or contributed to our Websites (“User-Uploaded Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User-Uploaded Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content placed on our Website by any of our users.
You acknowledge that by using the Services, there is a risk that you may be exposed to User-Uploaded Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Objections” for details of how to report such User-Uploaded Content.
You should be aware that a party aggrieved by your User-Uploaded Content (for instance, because it is defamatory or infringes another party’s rights) may take legal action against you. This could result in Registration Data and/or other data concerning your identity being disclosed, and you having to pay compensation, to the aggrieved party.
You agree to not use the Services to:
upload, post, email, PM (personal message) or otherwise transmit any User-Uploaded Content that:
you do not have a right to transmit or that infringes the intellectual property rights of any party;
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory;
amounts to unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or prohibited marketing content including (but not limited to) illicit marketing to children; and/or
contains software viruses or any other computer code, files or programs that (i) interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (ii) negatively affect a user’s ability to access and use the Services;
impersonate any person or entity, including, but not limited to, a Sharek.co.uk staff member, a forum leader, guide or host, or misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Uploaded Content transmitted through the Services;
harm or attempt to harm minors in any way;
intentionally or unintentionally violate any applicable law or regulation;
collect or store personal data about other users;
use data mining, robot, spider, scraping or similar automated data gathering, extraction or publication tools for any purpose;
post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means;
advertise any job vacancies in any area of our forums and/or
breach any license you have been granted to make use of any User-Uploaded Content.
You acknowledge that Sharek.co.uk generally does not pre-screen User-Uploaded Content that you post on the Websites, but that Sharek.co.uk and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Websites. If Sharek.co.uk determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any User-Uploaded Content is inappropriate or otherwise objectionable, Sharek.co.uk may refuse to accept or may remove any User-Uploaded Content from the Websites, without any liability to you or a third party.
Special warning for international use
This clause explains that the websites are targeted to UK users and that if you reside outside the UK, you use the website at your own risk.
The Websites are designed to be compliant with applicable UK laws and regulations and are intended for use only by users resident in the United Kingdom. Due to the global nature of the Internet, users from all over the world may have access to the Website. If you are resident in a country outside of the UK you use the Websites at your own risk.
Rights in posted content and your licence(s) to use such content
This clause (in addition to the “Your Conduct” clause above) explains your rights and obligations in relation to the content that you upload to our Websites and the terms of the license that you grant us, and/or our users regarding that content to enable us and/or our users to use it.
When you upload content to our websites you will (assuming you own the content) retain all intellectual property rights that you own in such content and will have the ability to amend or remove it as you see fit. For the avoidance of doubt, ownership of your content will not transfer to us or any user of our websites at any time by reason of your contribution of content to our websites.
To enable us (and our users) to make use of such content, you grant us (and our users) a licence to use your content.
This section contains some information for users who have downloaded content from our websites on a previous occasion, or who have downloaded content which is yet to have a Creative Commons licence granted over it by the author.
This section also ensures that your collation and/or reorganisation of other parties’ content does not give rise to intellectual property rights that could encumber other users’ ability to use such content in a similar manner as you may have done. Accordingly, we require that you waive your rights to and give us ownership of any such intellectual property rights that arise so that we can take appropriate steps to ensure other users benefit from them and/or are not unduly constrained by them.
Our Website allows you to upload content (“User-Uploaded Content”) for the exchange of lawful, relevant, fair and appropriate information, opinions, materials and comment with other users. You acknowledge that all User-Uploaded Content is the sole responsibility of the person from which such content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User-Uploaded Content.
You represent and warrant that: (i) you have the right to upload Content to Sharek.co.uk and grant the rights set out in the licences herein (ii) either you own the intellectual property rights in and to the User-Uploaded Content uploaded by you or you are acting as an agent for those who do (and whosoever downloads your content adheres to any licences referenced herein, will not infringe the rights of any third parties) and (iii) any User-Uploaded Content you upload to Sharek.co.uk is compliant with our Terms and Conditions.
Please note that User-Uploaded Content should not contain any content which has been copied, in whole or in part, from third party materials without the consent of the third party owner. Any such use of third party materials may amount to copyright infringement.
Please be aware that any user who is aggrieved by your User-Uploaded Content may take legal action against you. This could result in data concerning your identity being disclosed and you having to pay compensation to the aggrieved party.
We do not pre-screen User-Uploaded Content but we have the right to monitor User-Uploaded Content if we wish. If we determine that any User-Uploaded Content is inappropriate or otherwise objectionable, we may remove any User-Uploaded Content from the Websites without any liability to you or to a third party.
When you upload User-Uploaded Content to our Website, you will (assuming you are the owner of the User-Uploaded Content) retain all intellectual property rights that you own in that User-Uploaded Content. You are able to modify or remove your User-Uploaded Content as you wish.
To enable us to provide the Services and host your User-Uploaded Content we require a licence to use the User-Uploaded Content that you upload, or otherwise contribute, to our Website. The terms of the licence we require depends on the type of content uploaded, which we treat as falling within two categories as follows: (a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources; and (b) all other content, chiefly comments and forum posts.
Regarding content that falls within category (a): please see the Sharek.co.uk Fair Use of Resources for details on the licence you grant us.
Regarding content that falls within category (b): You grant us and each of our Affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, create derivative works from, distribute and display such User-Uploaded Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology. In the event that you remove your User-Uploaded Content from our Website, from the date of such removal, the licence(s) granted to us above will be deemed to have terminated. You warrant that you have the right to upload the User-Uploaded Content and grant the rights set out in the licences above.
Your use of other parties’ User-Uploaded Content
Certain parts of our services enable you to collate, remix, list, organise, arrange systematically, catalogue or otherwise use other parties’ User-Uploaded Content within our Websites. You agree that your use of the services in such manner does not entitle you to any intellectual property rights in or in connection with other parties’ User-Uploaded Content that you so use. To the extent that any intellectual property rights (including any database or other similar right and any moral rights thereto) exist or arise as a result of your use of other parties’ User-Uploaded Content in such manner (“Arising Database IP”), you agree (i) that ownership of such Arising Database IP shall automatically vest in Sharek.co.uk, and that you waive all right, title and interest that you may obtain or have obtained in or to such Arising Database IP; and (ii) if you are required to do so by Sharek.co.uk, that you shall do all things reasonably necessary to confirm Sharek.co.uk’s ownership of such Arising Database IP.
General practices regarding use and storage
This clause sets out how we may place limits on use of our services and that we will not be liable to you for doing so.
You acknowledge that Sharek.co.uk may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that message board postings or other uploaded User-Uploaded Content will be retained by the Services and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Sharek.co.uk has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services. You acknowledge that Sharek.co.uk reserves the right to de-activate accounts that are inactive for an extended period of time. You further acknowledge that Sharek.co.uk reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access our Website, and/or (c) to use, edit, browse, download or transfer any materials on our Website, including any User-Uploaded Content.
Modifications to the Services
This clause explains that we may change or discontinue a service without being liable to you for doing so, and when we will provide compensation to you if you have paid for a service that is discontinued.
Sharek.co.uk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Sharek.co.uk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. If you have paid for Services which is then discontinued by Sharek.co.uk without good cause, Sharek.co.uk will compensate you when it is legally required to do so.
This clause explains when and how we may suspend or terminate a website and/or service, or remove content you have uploaded.
You agree that Sharek.co.uk, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Website and/or the Services or any part of them or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Services, and may remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Sharek.co.uk believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Sharek.co.uk’s only remedy and Sharek.co.uk may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers, suppliers and merchants
This clause clarifies that your dealings with third parties (such as advertisers or merchants) via our services are between you and the third party and that we are not responsible for such dealings.
Your dealings with advertisers, merchants and any other third party found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) Sharek.co.uk shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Services or the Website; (b) any orders placed by you on, and any product specifications and product availability appearing on, the Services or the Websites are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant; and (c) Sharek.co.uk does not endorse or adopt any of the advertisements provided on its Websites.
Links to other websites or resources
This clause explains that we are not responsible for third-party websites or resources that our websites may link to.
The Services may provide, or third parties may provide, links to other websites or resources. Because Sharek.co.uk has no control over these sites and resources, you acknowledge and agree that T Sharek.co.uk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sharek.co.uk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Sharek.co.uk’s proprietary rights
This clause gives details of our intellectual property rights in relation to our websites and services.
Unless otherwise indicated, Sharek.co.uk is the owner or the licensee of all copyright, trade mark rights and/or other intellectual property rights in the Website and the Services (including any content made available through the Websites and/or the Services (see also “Rights in posted content” above) and the underlying source code) that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Sharek.co.uk reserves all intellectual property rights not otherwise granted under these Terms and Conditions.
“Sharek.co.uk” and “Sharek Resources” are trademarks of Sharek.co.uk. Without Sharek.co.uk ‘s prior permission, you agree not to display or use in any manner the Sharek.co.uk marks.
Use of Sharek.co.uk Material
This clause sets out our rights in the website and services and the licence that we give you to use our websites and services.
All articles, information and other materials presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Sharek.co.uk.
Sharek.co.uk grants you a personal, non-transferable and non-exclusive right and licence to use the Websites and the Services for their intended purpose subject to your compliance with these Terms and Conditions. This licence does not include the right to collect or use information contained on the Website for any purpose not specifically listed in these Terms and Conditions, to compete with Sharek.co.uk, to create derivative works based on the content of the Website, or download or copy the Websites (other than page caching). If you use the Website in a manner that exceeds the scope of this licence or you breach these Terms and Conditions, Sharek.co.uk may revoke the licence granted to you.
You are prohibited from reproducing, copying, modifying, renting, leasing, loaning, selling, distributing, exploiting, extracting, creating derivative works of or otherwise communicating or making available to third parties any part of the content of this Website or the Services without Sharek.co.uk prior written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. None of the above alters any rights granted directly to you under the terms of a Creative Commons licence in respect of any particular User-Uploaded Content, or alters any other rights you may have where other licence terms are explicitly expressed to apply to content or User-Uploaded Content.
This clause explains the extent to which you can rely on our services and that we are not responsible for the way in which you use any user-generated content.
You expressly acknowledge and agree that:
Your use of the Services, and websites, is at your sole risk. Sharek.co.uk has made every effort to ensure that the content on the Website and made available through the Services is accurate and up-to-date and correct at the time of publication. However, the Website and the Services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness, quality or fitness for purpose of the content provided on the Website or through the Services or that use of the Website will be uninterrupted, virus-free or error-free. No responsibility is accepted by or on behalf of Sharek.co.uk for any errors, omissions or inaccurate information on the Websites or available through the Services.
The content on the Website and made available through the Services is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, content of the Website and Services do not address your particular circumstances and accordingly you should not rely upon the content of the Website or the Services as a substitute for proper professional advice.
Sharek.co.uk is not responsible for how the content on the Website or available through the Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Websites or available through the Services.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Sharek.co.uk shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
This clause sets out your rights and the restrictions imposed on you in relation to the use of confidential information.
You acknowledge that any Confidential Information (as defined in the next paragraph below) which you obtain by entering into these Terms and Conditions and the use of the Services constitutes the valuable, confidential, proprietary information of Sharek.co.uk and its licensors, and you agree that during the term of your use of the Services and thereafter you shall not, without our express written consent, use or disclose to any other person any such Confidential Information, except as specifically authorised under these Terms and Conditions or as required by applicable law.
For the purposes of these Terms and Conditions, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Sharek.co.uk, its users and members, Affiliates, licensors and/or licensees that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Website content belonging to others and other intellectual property.
Limitations of Liability
This clause explains what liability we accept in relation to these Terms and Conditions and your use of our website and services.
Sharek.co.uk’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited to the greater of: (a) £100 and (b) the price validly paid by you to Sharek.co.uk under any contract for paid services during the 1 month preceding the event giving rise to the claim.
You expressly acknowledge and agree that Sharek.co.uk shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.
Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Sharek.co.uk.
Events outside of our control
This clause explains that we are not liable for events outside our control.
Sharek.co.uk will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any related contract between us that is caused by any act, event, non-happening, omission or accident beyond our reasonable control (“Force Majeure Event”), including (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
interruption or failure of utility service; including the impossibility of the use of public or private telecommunications networks; and/or
the acts, decrees, legislation, regulations or restrictions of any government.
Sharek.co.uk’s performance under any Terms and Conditions or any related contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any related contract between us may be performed despite the Force Majeure Event.
Notice and disclaimer regarding email
This clause details the risks associated with the use of email, details what actions we take to try to avoid such risks and requests that you work with us to ensure it is used is the safest and securest way possible.
E-mail is not a 100% virus-free or a secure medium. Any e-mail message from Sharek.co.uk, including any attachments transmitted with it, may contain legally privileged or private information. such messages are intended solely for the use of the individual or entity to whom it is addressed. If you have received such a message in error, please notify the sender or Security and delete it from your system. You should not copy, store or use such an email or any attachment(s) for any purpose, nor disclose their contents to any other person.
Whilst Sharek.co.uk scans all communications for viruses or other malicious software, we do not guarantee that any message is virus-free and accept no liability for any potential loss or damage that may arise as a result of receiving, storing and reading any message and any attachment(s). It is your responsibility to ensure that viruses do not adversely affect your system and that your messages to us meet your own security requirements. We reserve the right to read any e-mail or attachment entering or leaving our systems without notice.
This clause explains what you can do if you object to material (including user-generated content) on our websites and the circumstances in which we may decide to remove that material.
If you object to the publication of any material including User-Uploaded Content made available through our Websites or Services, either because it is offensive or you think it might infringe your intellectual property rights or it is prohibited content, please let us know by clicking on the ‘Contact Us’ tab and sending an email. Examples of the types of abuse or other objectionable material including User-Uploaded Content include discrimination (for example based on race, religious belief or sexuality), classifiable content, offensive language or user-targeted attacks (such as harassment and bullying). Please provide a direct link to the post/message in question in your correspondence.
In order to protect you, Sharek.co.uk operates a notice and take-down system.
If you object to anything anywhere else on this Website, please let us know by sending an email explaining your concern to feedback@Sharek.co.uk and we will take whatever action we deem appropriate.
Complaints about our Websites and Services
If you have any complaints about the Websites, we want to hear from you so we can improve our service. Please e-mail us at feedback@Sharek.co.uk and we’ll consider your comments carefully.
This clause sets out some important details about the scope of these Terms and Conditions and how they can be enforced.
Additional Terms for Sharek.co.uk resources
Part 1 Introduction
Part 1.1 Applicability of General Terms and Conditions and these Additional Terms
- These Additional Terms detail the additional terms and conditions which apply to your use of the Sharek.co.uk resources platform, website and related services and should be read in conjunction with our General Terms and Conditions (“General Terms”) found here: General Terms and Conditions. The legal agreements set out below govern your use of the Sharek.co.uk resources platform and detail the contracts between users of Sharek.co.uk and us.
- Part 1 of these Additional Terms includes introductory information, some general rules, and details of circumstances in which you agree to indemnify Sharek.co.uk. Part 2 covers the use of Sharek.co.uk to share User-Uploaded Content for free (“Free Content”); Part 3 covers the use of Sharek.co.uk to share User-Uploaded Content in exchange for certain additional rewards (“Premium Content”); and Part 4 concerns the purchase, sale and download of such Premium Content.
- Please read both the Additional Terms and the General Terms carefully before using any part of Sharek.co.uk. By using Sharek.co.uk and/or any of the Website or Services, you agree to the General Terms and any Additional Terms applicable, including these Additional Terms. Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.
- These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in each of the foregoing) represent the entire agreement between us and you. In the event of a conflict of the General Terms, the terms of these Additional Terms shall prevail over General Terms.
- co.uk is provided to enable teachers to share teaching resources, to sell resources to each other and to provide social functionality enabling peer-to-peer sharing of best practice concerning such resources.
- When you contribute User-Uploaded Content to Sharek.co.uk, community engagement inevitably means that you may receive comments (whether positive or negative) from other users in respect of your User-Uploaded Content from time to time. Please try to engage constructively with other users in respect of any such comments. We do not monitor or moderate any comments, but if you believe the comments are a breach of the General Terms or this Additional Terms please report them to us by emailing help@Sharek.co.uk.
- co.uk is the operator of Sharek.co.uk Website and references in these Additional Terms to “we”, “us” or “our” refer to Sharek.co.uk. Sharek.co.uk is the entity you contract with for the purposes of these Additional Terms and, where not otherwise disclaimed or noted, is responsible for the Sharek.co.uk website content. For the avoidance of doubt, this clause does not vitiate any disclaimer or limitation of responsibility or of liability in the General Terms. The General Terms should be read as applying between you and Sharek.co.uk.
- Without prejudice to our powers under the General Terms, you agree that Sharek.co.uk at its sole discretion, without notice to you, may: (i) terminate or amend the General Terms or these Additional Terms and/or any user’s account (in which case such user will remain liable for all amounts due under its account up to and including the date of termination); and/or (ii) preclude any user’s access to the Sharek.co.uk website (or any part thereof), and seek any other lawful remedy available.
Part 1.2 General rules in respect of licences granted under these Additional Terms
- You represent and warrant that: (i) you have the right to upload the User-Uploaded Content and grant the rights set out in the licences herein and (ii) our and our user’s use of or other dealings with the User-Uploaded Content provided by you as permitted under the terms of the upload licence applicable to such User-Uploaded Content will not infringe the rights of any third parties.
- In the event that you remove your User-Uploaded Content from our Website, from the date of the removal, the licence(s) granted to us by you herein will be deemed to have terminated.
- Please note that those users of the Websites who have downloaded or otherwise made use of your User-Uploaded Content prior to its removal, or your relicense under an alternative licence, will continue to have those rights that you granted to them at the time of their purchase and/or download of the relevant User-Uploaded Content, or such rights as we have granted under the Teaching Resource Licence. In the case of Premium Content, any removal or relicense cannot affect extant relicensing to downloaders. Any deletion or relicense shall simply remove Sharek.co.uk’s right to make further sales of said materials under the Teaching Resource Licence after the time of such action taken by you; it shall not affect our right to continue to make such Premium Content available to users who purchased it prior to your removal of it or change of the terms on which it is licensed.
- The licence granted to users who have downloaded content from the Website prior to a general grant of a Creative Commons or Teaching Resource Licence over such content is on identical terms to the licence granted to Sharek.co.uk described in Part 2 of this Additional Terms, except that additionally the moral rights of the author have been waived.
Part 1.3 Indemnity clause (for certain large-scale business users)
- Only if you use our Services to conduct business on a large scale do we ask you to give us some additional protections. If a) you are (or become) VAT-registered; or b) we have paid you more than £10,000 income in the past 12 months; or c) you are acting for or on behalf of a corporation, company, partnership (of limited liability or otherwise) or Institution, then you agree to fully indemnify, defend and hold Sharek.co.uk, each of its respective Affiliates and the directors, officers, employees and agents of the foregoing harmless, on demand, from and against any and all liabilities, losses, costs, claims and expenses (including reasonable lawyers’ fees) incurred by any person arising out of or in connection with (whether directly or indirectly) (A) your breach of: (i) these Additional Terms and the Terms and Conditions, (ii) any applicable law or regulation, and/or (iii) the rights of any third party in or to the User-Uploaded Content uploaded by you or on your behalf; and/or (B) your unauthorised use of Sharek.co.uk, our Website, Services and tools.
Part 2 Sharing Free Materials
Part 2.1 Licences Granted to Other Users
- When you upload User-Uploaded Content to Sharek.co.uk to be shared for free, you will (if you are the owner of all intellectual property rights in and to that User-Uploaded Content) continue to own all intellectual property rights in and to that User-Uploaded Content. You are able to modify or remove your User-Uploaded Content as you wish.
- To enable us to provide the Services and host your User-Uploaded Content we require a licence to use the User-Uploaded Content that you upload to our Websites. This content is in two categories, a) User-Uploaded Content uploaded as distinct files, largely for the purpose of sharing teaching resources, and b) all other content, chiefly comments and forum posts. For details of the licences granted over User-Uploaded Content in category “b”, please see the General Terms.
- Regarding User-Uploaded Content in category “a”: users of our Websites require a licence from you to download and/or otherwise use your User-Uploaded Content. You shall apply to the User-Uploaded Content one of the available licences, the range of which is at our discretion and may change from time to time.
Part 2.2 Licences Granted to Us and Our Responsibility for Hosted Content
- In addition to the licence granted to users, when you upload any User-Uploaded Content to our Website you grant us and each of our Affiliates a non-exclusive, sub-licensable, worldwide, fully paid-up, royalty-free, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology. Nothing in these Terms and Conditions should be read to suggest that we may not make use of materials in accordance with the licence then applying to the User-Uploaded Content, as though we were any other user downloading the User-Uploaded Content.
- co.uk acts merely as a hosting platform for such content; the content is licensed directly from user to user under the terms of the Creative Commons Licence applied at upload, or such other licence as has previously been applied.
Part 3 Uploaders of Premium Content
Part 3.1 Licensing and Warranties from You
- When you upload User-Uploaded Content to Sharek.co.uk to sell, you will, or those you act as agent for will, (if you/they are the owner of all intellectual property rights in and to the User-Uploaded Content) continue to own all intellectual property rights in and to that User-Uploaded Content. You are able to modify or remove your User-Uploaded Content as you wish.
- To enable us to provide the Services and provide your User-Uploaded Content for sale, we require a licence to use the User-Uploaded Content that you upload to our Website. You grant us and each of our Affiliates a non-exclusive, sub-licensable, fully paid-up, royalty-bearing (in accordance with the clauses below), worldwide, perpetual and irrevocable (save as set out below) licence to use, reproduce, publish, sell, distribute and display your User-Uploaded Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology. You grant us all necessary rights to sell User-Uploaded Content under the Teaching Resource Licenceand to make that licence effective.
- In the event that you remove your User-Uploaded Content from our Website, from the date of such removal, the licence(s) granted to us above will terminate (save as otherwise provided herein).
- You represent and warrant (i) that you have the right to upload the User-Uploaded Content to our Websites and to grant the rights set out in the licences above and (ii) that either you own the intellectual property rights in and to the User-Uploaded Content uploaded by you or you are acting as agent for those who do. You represent and warrant that any User-Uploaded Content you upload is compliant with both these Additional Terms and the General Terms.
- You accept that neither Sharek.co.uk nor any of its Affiliates guarantees to review User-Uploaded Content and that our acceptance of any uploaded file does not represent a guarantee of its saleability, suitability or acceptance as complying with these Additional Terms or the General Terms.
Part 3.2 Consideration, Payments etc.
- As consideration for your grant of the licence to your User-Uploaded Content set out in this Part 3, Sharek.co.uk agrees, subject to, and only upon your fulfilment of, the Royalty Conditions set out herein, to pay you, or procure that you are paid, a royalty equal to 80% of the sale value of each item of User-Uploaded Content sold after transaction fees.
- For the purposes of these Additional Terms, the “Royalty Conditions” are as follows:
- Once logged in to your account, you must enter in your sort code and account number. Once you have taken such steps as required to allow us to process the payment, we will process your royalty request and make any final payment to you on the condition that:
- You have not breached any of these Additional Terms or the General Terms, including in particular the representations and warranties made by you in Part 3;
- The Premium Content to which your estimated royalties relate has not been withdrawn from Sharek.co.uk by us as a result of our receipt of any complaint or infringement or takedown notice; and
- We have not paid any refund to any third party purchaser of your Premium Content downloaded through Sharek.co.uk as a result of dissatisfaction with its purchase,
- Once logged in to your account, you must enter in your sort code and account number. Once you have taken such steps as required to allow us to process the payment, we will process your royalty request and make any final payment to you on the condition that:
and we reserve the right to make reasonable and proportionate adjustments to the amount of any final royalty payable to you as a result of any failure to satisfy the foregoing conditions.
- Upon satisfaction of the foregoing conditions, the final royalty amounts as calculated by us shall be paid to you net of any deductions or withholdings for or on account of tax or as otherwise provided herein at your nominated bank account within five (5) business days in accordance with our payment terms.
- The sale value of your User-Uploaded Content shall be set by you at the point of upload. Any item of User-Uploaded Content that is priced by you for sale shall be listed at that price without further action required by us (although we reserve the right to make appropriate price adjustments at a later time). We are under no obligation to agree to sell a resource at any specific sale value or at all.
- You accept and acknowledge that this agreement creates no expectation of any specific level of sales or remuneration for any given User-Uploaded Content. You further agree that the only way in which you may claim this remuneration is through the Sharek.co.uk Resource Website (Sharek.co.uk) and the payment mechanisms made available by Sharek.co.uk from time to time. You waive any right to require payment by any other mechanism and accept that no other debt arises under this agreement.
- This agreement applies separately to and in respect of each item of User-Uploaded Content you upload and any estimated royalties that accrue are calculated on a per-item basis, regardless of whether we make any payment to you in respect of sales of multiple separate items of content in a single transaction or as a single lump-sum.
Part 3.3 Taxation and the Nature of the Contract with us
- You are solely responsible for payment of any taxes, or making of any filings, required in relation to your royalties. Any information regarding royalties provided by us does not constitute tax advice and should not be relied upon as such.
- This agreement does not constitute an employment relationship, or partnership, between the parties.
- No other statements of expected, anticipated or provisional royalties, whether by email or on our websites, provided by us constitute a VAT invoice. All amounts detailed on these are inclusive of VAT, where applicable. You are solely responsible for your own indirect and direct tax filing and payments.
Part 4 Purchasing User-Uploaded Content
Part 4.1 General Conditions of Sale
- All prices quoted on the website are subject to change at any time without notice to you.
- co.uk will generally make User-Uploaded Content that you purchase available for download by you for an indefinite period after purchase; however, we provide no ongoing guarantee of this (please see the General Terms for more details). We strongly recommend you promptly download and save onto you own equipment any User-Uploaded Content you purchase. Sharek.co.uk shall have no liability for or duty to replace lost, damaged, or destroyed downloads.
- Your purchase of User-Uploaded Content shall be made under licence; there shall be no outright transfer of title or ownership in any such User-Uploaded Content. The licence terms that apply to the User-Uploaded Content that you purchase shall be those terms set out in the Teaching Resource Licence, as amended or updated by us from time to time and marked for your attention at the time of your purchase and/or download of the User-Uploaded Content. By purchasing the User-Uploaded Content, you accept and agree to be bound by the terms of the Teaching Resource Licence, and both you and us agree that this licence (and any dispute or claim arising in connection with it or its subject matter or formation) shall be governed by and construed in accordance with the law of England and Wales. We and you both irrevocably agree that (save as otherwise expressly provided in our take-down policy) any dispute or claim arising in connection with the Teaching Resource Licence or its subject matter or formation shall be adjudicated exclusively by the Courts of England and Wales, save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located. You are prohibited from using the User-Uploaded Content that you purchase in any way that is not compatible with the Teaching Resource Licence.
- For the avoidance of doubt, each purchase of a licence to use User-Uploaded Content is an individual sale and such licences are granted to each and every purchase separately. This is the case even when separate items of User-Uploaded Content are purchased simultaneously or within a short amount of time.
- The licence(s) that we grant in respect of User-Uploaded Content is (or are) normally granted on a perpetual basis, meaning that it generally continues uninterrupted and indefinitely. However, any licence granted by us or our Affiliates may be terminated in the event that we later discover that the User-Uploaded Content was in breach of our General Terms or these Additional Terms. In such circumstances, you are required to, and undertake that you shall, immediately cease all use of the infringing User-Uploaded Content, promptly delete and/or destroy any copies of such infringing User-Uploaded Content and procure the deletion and/or destruction of any copies of it that you have made available to others. You may be entitled to a refund for your purchases as detailed in the refund policy above.
Part 5 Applicable Law
- These Additional Terms represent a contract between you and us, they (and any dispute or claim arising in connection with them or their subject matter or formation) shall be governed by and interpreted in accordance with the law of England and Wales, and we and you both irrevocably agree that (save as otherwise expressly provided in any of our Additional Terms and/or our take-down policy) any dispute or claim arising between you and us shall be adjudicated exclusively by the Courts of England and Wales, save that we may enforce any judgment of such Courts, where required, in courts in any other jurisdiction in which you are located.