AWMist Website Terms and Conditions of Use

The purpose of AWMist is to provide businesses with commercial opportunities, intelligence and to encourage and foster collaboration between businesses, universities, local, regional, national and trans-national agencies and organisations by greatly increasing the speed and ease by which organisations can easily identify potential partners and opportunities.

The website www.AWMist.org (the "AWMist Website") is owned and operated by Advantage West Midlands and the expressions "AWM", "we" and "us" and "our" mean Advantage West Midlands (VAT Number 715 5106 60 GB) whose principal place of business is at 3 Priestley Wharf, Holt Street, Aston Science Park, Birmingham, B7 4BN.

These are the Website terms and conditions (the "AWMistWebsite Conditions"), which apply to the use of the AWMist Website by you, the end user. By using the AWMist Website you agree to be bound by these AWMist Website Conditions and where you are using the AWMist on behalf of a business you agree that the AWMist Website Conditions shall also apply to the use by the business. You may copy these AWMist Website Conditions and store them for your future reference

If you do not agree to be bound by these AWMist Website Conditions, you may not use or access the AWMist Website and we will have the right to restrict or prevent your access to the AWMist Website.

Please note that the mapping service used on the AWMist Website is provided by OpenStreetMap. The OpenStreetMap maps are licensed under the Creative Commons Attribution-Share Alike 2.0 licence (details of which can be found on the OpenStreetMap website http://www.openstreetmap.org/) and your use of OpenStreetMap is subject to those licence terms.

If there is anything that you do not understand please feel free to email any enquiry to us here: awmist@wmictcluster.org.

THESE TERMS OF USE DO NOT AFFECT YOUR STATUTORY RIGHTS.

1 Your Obligations

You will not:
1. use the AWMist Website (or any part of it) for any illegal purpose;
2. upload or transmit through the AWMist Website (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
3. use the AWMist Website in a manner which (i) may cause the AWMist Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the AWMist Website is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
4. create or publish a hypertext link to any part of the AWMist Website without our express written consent except that you may create a hypertext to the welcome page of the AWMist Website as long as the link does not portray us or our affiliates, or their products or services in a false, misleading, derogatory, or offensive matter. You may not use any of our logos or proprietary marks as part of the link without our express written consent. We may terminate your permission to maintain such links at any time;
5. frame or use framing techniques to enclose any part of the AWMist Website or any content accessible on it without our express written consent. You will not use any meta tags or any other hidden text using our (or our affiliates’) names, logos, brands or marks without our express written consent. Any unauthorised use terminates the permission or license granted by us to use this AWMist Website in addition to our other rights; or
6. attempt any unauthorised access to any part or component of the AWMist Website.
You agree that in the event that you have any right, claim or action against any third party arising out of that third party's use of the AWMist Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to use the AWMist Website in accordance with all applicable laws and you warrant that by accessing and using the AWMist Website you will not be in breach of any laws or regulations that apply to you.

2 Our Rights

We may:
1. modify or withdraw, temporarily or permanently, the AWMist Website (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the AWMist Website; and/or
2. change these AWMist Website Conditions from time to time and your continued use of the AWMist Website (or any part of it) following such change shall be deemed to be your acceptance of such change. You should check back here regularly as you will be bound by these AWMist Website Conditions every time you visit the AWMist Website. If you do not agree to any change to the AWMist Website Conditions then you must immediately stop using the AWMist Website;
3. monitor any activity and content associated with the AWMist Website and if you have registered with us we may place restrictions on your ability to access the additional content on the AWMist Website which is made available to registered users but not to unregistered users (which may include but is not limited to a cap on the number of organisation information records that you may access in any month); and/or
4. investigate any reported violation of these AWMist Website Conditions or complaints relating to the AWMist Website and take any action that we believe is appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the AWMist Website).
The AWMist Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the AWMist Website or because of a failure, suspension or withdrawal of all or part of the AWMist Website for any reason.

3 Registration

Subject to our right to refuse registration at our absolute discretion, you may register with us for your business to use the AWMist Website. Registration by you on behalf of your business can be for either:
1. view only purposes. This allows authorised individuals within your business to access content and records only available to registered users; or
2. uploading and editing purposes. This permits both (i) access by authorised individuals within your business to content and records only available to registered users; and (i) the ability to upload and edit the content and records relating to your business which are accessible by users (unregistered or registered) of the AWMist Website.
If your business has registered with the AWMist Website offline we will provide the individual that registered with us with details of the user name and password for use by your business.
If you register on behalf of your business on the AWMist Website you may create a customer username and password for use by your business. We will confirm the customer username that you have selected, or if you choose a customer username and/or password that is in use or inappropriate, you will be asked to choose another customer username and/or password.
You warrant that any information you submit to the AWMist Website will be true and accurate in all material respects.
You must at all time keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your customer username and/or password at any time.
You can change your username and password at any time by editing your details on your business user page after you have logged in.
You must notify us immediately if any employee who has been provided with an individual customer username and password ceases to be employed by you in order that we can disable the account.
You are responsible for all activities which occur under your customer username and password, save where such activities occur as a result of our negligence or fault.
We reserve the right to terminate your registration with the AWMist Website at any time at our sole discretion.

4 Privacy and personal information

Your privacy is very important to us and these AWMist Website Conditions must be read in conjunction with our Privacy Policy which is published on our AWMist Website and which can be found at http://www.awmist.org/privacy.html.

5 Disclaimer of Warranties

Subject to the AWMist Website Conditions 6.1 and 6.2 below, the AWMist Website is provided, on an "as is" and "as and when available" basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the AWMist Website, its content or any services offered on the AWMist Website.
In particular, we make no warranties that the AWMist Website, its content or any services offered via the AWMist Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the AWMist Website or the server which makes it available are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the AWMist Website. If a fault occurs in the service you should report it to awmist@wmictcluster.org and we will attempt to correct the fault as soon as we reasonably can.

6 Liability

Whilst we will use reasonable endeavours to verify the accuracy of any information we place on the AWMist Website, we make no warranties or representations, whether express or implied in relation to its accuracy. We will not be responsible, or liable to you for the content or accuracy of any materials on the AWMist Website posted by you or any other user of the site.
Nothing in these AWMist Website Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any liability for fraud or for any other liability that cannot be excluded or limited by law.
You agree that you are free to choose whether to use the AWMist Website or any services offered on the AWMist Website and do so at your sole option, discretion and risk.
We will not be responsible to you or any third party for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any indirect or consequential loss incurred or suffered by you arising directly or indirectly out of you use of the AWMist Website.
We shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

7 Intellectual Property

Save as set out in AWMist Website Condition 7.4 below, you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the AWMist Website shall remain at all times owned by us or our licensors.
You acknowledge and agree that:
1. where you are using the AWMist Website in your personal capacity, the material and content contained within the AWMist Website is made available for your personal, non-commercial use only; and
2. for business users, the material and content is made available for internal business use only and may not be commercially distributed,
3. any use of the material and content of the AWMist Website other than expressly permitted in these AWMist Website Conditions is strictly prohibited. Personal and business users may only download such material and content onto one computer hard drive for the permitted purposes. You also agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. This includes, but is not limited to, the text, graphics, animations, photographs, pictures, sounds, data, images, audio and video clips connected to the AWMist Website.
In particular, you may not download, edit, reproduce or use any material and content contained within the AWMist Website for the purpose of advertising, promoting, endorsing or implying any connection with you or any third party and you shall not use any of the material or content to send unsolicited communications to third parties. Nor may you systematically extract and/or re-utilise parts of the contents of the AWMist Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering/extraction tools to extract (whether once or many times) for re-utilisation, any substantial parts of the AWMist Website, without our express written consent. You also may not create and/or publish your own database that features substantial parts of the AWMist Website (including without limitation information such as the contact details of businesses within the ICT Cluster) without our express written consent.
Any information you submit to the AWMist Website, whether by way of registration of your business details, comment, any chat room function or otherwise, will not be treated confidentially and you acknowledge that we may use such information for any purposes subject to these AWMist Website Conditions. You give us an absolute right to reproduce (whether in whole or in part, and whether cropped, adopted, altered or otherwise manipulated) any photos or other images that you submit to the AWMist Website.
By submitting material to the AWMist Website, you warrant and represent that you own such materials (including any copyright and other intellectual property rights therein) or that you have permission from the owner to use it and that, in the case of images, you have obtained the informed consent of any subjects of the images and that any subjects featured in any such images are at least 18 years of age at the time such material was created. You hereby waive any moral rights you may have in relation to such content.

8 Links to other Websites

We may, from time to time, provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such other sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

9 Waivers and Remedies

No delay or omission in exercising any right, power or remedy provided by these AWMist Website Conditions or by law shall operate to impair or be construed as a waiver of it or of any other right, power or remedy.
No single or partial exercise or non-exercise of any of these rights, powers or remedies shall preclude any other or further exercise of them or of any other right, power or remedy.
The rights, powers and remedies provided by these AWMist Website Conditions are cumulative and subject as otherwise provided in these AWMist Website Conditions are not exclusive of any rights, powers and remedies provided by law.

10 Law and Jurisdiction

These AWMist Website Conditions shall be governed by and construed in accordance with English law.
Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England in relation to any claim or matter arising under or in connection with these AWMist Website Conditions.

11 General

If any part of these AWMist Website Conditions is found to be invalid by any court or other regulatory or competent body, the invalidity will not affect the rest of the AWMist Website Conditions, which shall remain in force.
Any notices or communications that you send to us should be sent to Customer Services at awmist@wmictcluster.org or in writing marked for the attentions of ICT Cluster Manager to Advantage West Midlands whose principal place of business is at 3 Priestley Wharf, Holt Street, Aston Science Park, Birmingham, B7 4BN. Any notices or communications that we send to you will be sent to the email address you originally registered with us.
All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of these AWMist Website Conditions, including without limitation, all of your representations, warranties and indemnification obligations.
No person who is not a party to this agreement shall have any right to enforce this agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.