Terms & Conditions

1. INTRODUCTION

1.1 This page sets out the terms and conditions (Terms) by which users (you, your) may use and access our website www.desiblitz.com/arts (Site), whether as a guest or as a registered user.

1.2 Please read these Terms carefully before you start to use our Site.

1.3 By using our Site, you indicate that you accept these Terms and that you agree to abide by them.

1.4 If you do not agree to these Terms, please refrain from using our Site.

2. INFORMATION ABOUT US

2.1 This Site is owned and operated by DESIblitz.com (c/o Aidem Digital CIC), (we, our, us).

2.3 Our principal place of business and our correspondence address is: Aidem Digital CIC, Spaces Crossway, 156 Great Charles Street, Queensway, Birmingham, B3 3HN, United Kingdom.

2.3 You can contact us by writing to the correspondence address above, by email [email protected] or by telephone +44(0)121 285 5288.

3. SUBMISSION OF WORKS

4. COPYRIGHT AND EDITORIAL CONTROL

4.1 Copyright © DESIblitz.com

4.2 These Terms act as the agreement put in place between an individual submitting their works to this Site and DESIblitz.com, to ensure usage and copyright of the works are acknowledged as per point 3.5 in these Terms.

4.2 The copyright to all content of this Site is held either by DESIblitz.com or by the individual authors of the submitted works, and none of the material may  used elsewhere without written permission. For reprint enquiries, please contact us.

4.3 We reserve full editorial control over the content, the look, feel and functionality of our Site and Services and reserve the right to make changes without notice, and at any time.

5. DATA PROTECTION

5.1 We process information about you in accordance with our Privacy Policy. By using our Site you consent to such processing and you warrant that all data provided by you is accurate.

6. ACCESSING OUR SITE

6.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw, amend or restrict access to areas of our Site, or indeed the whole Site, at our discretion.

6.2 You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site.

6.3 We will not be liable if, for any reason, our Site is unavailable at any time or for any period.

5.4 You may:

a) View pages from our Site in a web browser

b) Download pages from our Site for caching in a web browser

c) Print pages from our Site

d) Stream audio and video files from our Site

6.5 Except as expressly permitted by Section 5.4 or the other provisions of these Terms, you must not download any material from our Site or save any such material to your computer.

6.6 You must not use, edit or otherwise modify any material on our Site; including illustrations on the Site licensed to us as Illustrations by Stories by Freepik.

6.7 Unless you own or control the relevant rights to the material, you must not:

a) Republish material from our Site (including republication on another Site or print publication)

b) Sell, rent or sub-licence material from our Site

c) Exploit material from our Site for commercial purpose

d) Redistribute material from our Site

7. ACCEPTABLE USE

7.1 You must not:

a) Use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site

b) Use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity

c) Use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, word, keystroke logger, rootkit or other malicious computer software

d) Conduct any systematic or automated data collection activities (including, but not limited to: scraping, data mining, data extract and data harvesting) on or in relation to our Site without our express written consent

e) Access or otherwise interact with our Site using any robot, spider or any other automated means

f) Violate the directs set out in the robot.txt file for our Site

g) Use data collected from our Site to contact individuals, companies or other persons or entities

7.2 You must ensure that all the information you supply to us through our Site, or in relation to our Site, is true, accurate, current, complete and is not misleading.

8. MEMBER ACCOUNTS

8.1 As a contributing author whose submitted works have been accepted for publishing, you may be registered for a member account on our Site.

8.2 If you are provided with an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential.

8.3 You must not disclose your username or password to any third party.

8.4 You must not allow any other person to use your account to access the Site.

8.5 You must not use another person’s account to access the Site.

8.6 You must not use your account to impersonate any other person.

8.7 You must notify us in writing immediately if you become aware of any disclosure of your password or unauthorised use of your account.

8.8 You are responsible for any activity on our Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such failure.

8.9 We have the right to disable any online account, user ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provision of these Terms.

9. MEMBER’S AREA

9.1 You are responsible for any activity on your DESIblitz Arts member’s account.

9.2 You must not

a) Post anything on DESIblitz Arts which violates copyright

b) Use nudity, profanity, or violent imagery in usernames or pictures

c) Use our Site for commercial purposes

d) Upload any material to our Site that will violate the Terms set out in Section 6

9.3 We have the unrestricted right to remove all content which we deem inappropriate or offensive.

9.4 We have the right to remove your access to DESIblitz Arts, and disable your account, at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.

9.5 DESIblitz Arts is a carefully-curated space targeting creative people from South Asian backgrounds or those who have an interest in South Asian arts. It is designed to encourage and inspire its members and to facilitate interaction, both between members and our audience. 

10. RELIANCE ON INFORMATION POSTED

10.1 Comments which are posted on our Site by users of the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site.

11. OUR SITE CHANGES REGULARLY

11.1 We aim to update our Site regularly, and may change the content at any time. If the need arises we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

12. LIMITATIONS AND EXCLUSIONS OF LIABILITY

12.1 Nothing in these Terms excludes or limits our liability (if any) to you for:

• death or personal injury resulting from negligence;
• fraud or fraudulent misrepresentation
• any matter which it would be illegal for us to exclude or attempt to exclude our liability

12.2 The limitations and exclusions of liability set out in this section and/or elsewhere in an Agreement under these Terms are:

a) Subject to Section 11.1; and

b) Govern all liabilities arising under that contract or relating to the subject matter of that Agreement, including liabilities arising in Agreement, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that Agreement.

12.3 To the extent that our Site and the information and services on our Site are provided free of charge (unless stated otherwise), we will not be held liable for any loss or damage of any nature

12.4 We will not be held liable to you in respect of any business losses, including but not limited to: loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill

12.5 We will not be liable to you in respect of any losses arising out of any Event Outside our Control (Section 1.7.0).

12.6 We will not be held liable to you in the respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13. BREACHES OF THESE TERMS

13.1 Without prejudice to our other rights under these Terms, if you breach these Terms, or if we reasonably suspect that you have breached these Terms we may take one or more of the following actions:

a) Send you one or more formal warnings;

b) Temporarily suspend your access to our Site;

c) Permanently prohibit you from accessing our Site;

d) Block computers using your IP address from accessing our Site;

e) Contact any or all your internet service providers and request that they block your access to our Site;

f) Commence legal action against you, whether for breach of contract or otherwise;

g) Suspend or delete your account on our Site.

13.2 Where we suspend or prohibit or block your access to our Site or a part of our Site, you must not take any actions to circumvent such suspension or prohibition or blocking (including but not limited to creating and/or using a different account).

14. VARIATION OF TERMS

14.1 We may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on to you.

14.2 Every time you submit works, the Terms in force at that time will apply to any agreement between us.

15. ASSIGNMENT

15.1 If we transfer our rights and obligations under the Agreement to another organisation, it will not affect your rights or our obligations under these Terms

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights and that will not mean that you do not have to comply with your obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16. SEVERABILITY

16.1 If a provision of an agreement under these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provisions of the agreement under these Terms would be lawful or enforceable if part of it were deleted, that part would be deemed to be deleted, and the rest of the provisions will continue in effect.

17. THIRD PARTY RIGHTS

17.1 A person who is not a party to the Terms will have no right in the Agreement (Rights of Third Parties Act 1999) to enforce or rely upon any provision of them.

18. LINKS FROM OUR SITE

18.1 Where our Site contains links to other site(s) these links are provided for your information only. We have no control over the contents of those sites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

19. ENTIRE AGREEMENT

19.1 Subject to Section 11 these Terms, together with our Privacy Policy, will constitute the entire agreement between you and us in relation to your use of our Site and will supersede all previous agreements between you and us in relation to your use of our Site.

20. LAW AND JURISDICTION

20.1 The agreement under these Terms will be governed by and construed in accordance with English law

20.2 Any disputes relating to the agreement under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.