1. Introduction

1.1 These terms of Service apply to the Service constituted by the EVOLVE repository (Consisting of the E-EVOLVE, TELSTAR and EVOLUTION) to support exchange and discussion on all aspects of sharing, re-use and repurposing of learning and teaching resources. The Service Provider is the EVOLVE team operating through the University of Central Lancashire.

1.2 The EVOLVE repository is a collection of content whose creators and owners are willing and are able to share their content on a worldwide basis under the terms of a Creative Commons (CC) licence. The purpose of the EVOLVE Repository is to enable the sharing, reuse and repurposing of learning and teaching resources (“Resources”) in the UK and beyond;

1.3 The repository may only be accessed by registered users from a networked computer anywhere in the world. Users can simply browse, view and download content in the EVOLVE collection. Users wishing to submit content to the repository must do so by sending a request and/or materials to eproject@uclan.ac.uk. On registering, a User must provide the Service Provider with some personal information. Details about how the Service Provider will use this personal information are documented in the Privacy Policy. Users should read the Privacy Policy before registering.

1.4 The Service Provider reserves the right to disclose the identity of Registered Users to third parties who claim that material contributed infringes their rights (e.g. their privacy or IPR rights).

1.5 The Service Provider reserves the right to disclose criminal activity (e.g. breach of the Computer Misuse Act 1990) to the relevant authorities.

1.6 The EVOLVE collection is made available free of charge to Registered Users and its use, including for deposit of Resources and Contributions, is subject to these Terms of Service.

To use the EVOLVE Resources and Contributions contained therein Registered Users are required to read and accept these Terms. By using the repository in any way, Registered Users agree to be bound by these terms, which shall take effect immediately on their first use of EVOLVE. Anyone who does not agree to be bound by all of the following terms is not permitted to deposit, access, use and/or contribute to EVOLVE.

1.7 By submitting resources to EVOLVE, Registered users grant permission to the Service Provider to make these resources available through EVOLVE. Registered users will licence their deposited content directly to other Users by means of one a range of Creative Commons Licences.

1.8 The Service Provider may update these Terms of Service (including Privacy Policy and the Takedown Policy) from time to time. Changes will have immediate effect from the date of posting on this website. All Users should therefore review these Terms of Service regularly. A User’s continued use of EVOLVE after changes have been made will be taken to indicate that they have accepted and are bound by the updated Terms of Service.

1.9 Information and content available in EVOLVE is provided in English, which is the home language of EVOLVE.

2. Conditions of Use of EVOLVE

2.1 Users may:

2.1.1 access and use EVOLVE; and,

2.1.2 use the Resources and Contributions available via EVOLVE subject to the terms of the Relevant Licences. All Users must read the Relevant Licences in full before downloading or otherwise making use of the Resources. Any User who does not agree to be bound by a relevant licence should not use the Resource or Contribution to which it applies.

2.2 The Service Provider may at any time, without notice, revoke the rights granted in these Terms of Service.

3. Conditions of Use – Submission of Resources and Contributions to the EVOLVE Repository and the EVOLVE Community website

3.1 A Registered User may submit Resources for publication in the EVOLVE repository under the terms of a Relevant Licence. Instructions on how to submit Resources to EVOLVE are available on request from eproject@uclan.ac.uk By depositing content in EVOLVE and selecting a Relevant Licence, a Registered User thereby licenses the deposited content to other Users of EVOLVE on the terms of that Relevant Licence.

3.2 By submitting any Resource or Contribution for inclusion or publication in EVOLVE you confirm that:

3.2.1 it is not defamatory or obscene;

3.2.2 it is not in any way illegal and does not infringe any law or any person’s rights;

3.2.3 it is your own work or you have the permission of the copyright holder to publish it in EVOLVE and it can lawfully be published in EVOLVE; and

3.2.4 if you have included any material owned by a third party, you have properly attributed that party and you have secured the permission of that party to include their material so that it may be used in the manner described in these Terms of Service and in the Relevant Licence that you have selected;

3.2.5 the Resource or Contribution is not, as far as you are aware, the subject of any dispute or court proceedings.

3.2.6 you will allow the Service Provider and all users of EVOLVE to use your Resources and Contributions under the terms of the Relevant Licence;
These terms imply no transfer of copyright and this permission is not exclusive. The copyright owner may continue to distribute or licence their content in any way;

3.3 The Service Provider cannot promise nor guarantee that any or all of the Resources or Contributions submitted to EVOLVE will be published through EVOLVE. The Service Provider reserves the right, at its discretion, to delete materials from EVOLVE at any time.

3.4 The Service Provider will respond to requests that content be removed from EVOLVE in line with the EVOLVE Takedown Policy.

3.5 By submitting Resources and Contributions to EVOLVE, a Registered User confirms that she understands and accepts that these Resources and Contributions will be available for others to see, download and use.

3.6 By submitting Resources and Contributions to EVOLVE and by using EVOLVE to view or download resources or for any other purpose, Users must not:

3.6.1 do anything which may cause (whether on purpose or not) the introduction or spread of a virus;

3.6.2 post any inappropriate messages (including outside the scope of any relevant discussion topic). A User may not for example post advertisements or chain letters or repeat irrelevant or identical messages or content or make any statement that is untrue or misleading;

3.6.3 impersonate another person;

3.6.4 infringe the rights of the Service Provider or of any other user or third party; and

3.6.5 use EVOLVE unlawfully at any time.

3.7 Unauthorised use of EVOLVE, or breach of these Terms of Service (including the Relevant Licences) may give rise to a claim for damages and/or be a criminal offence.

4. Rules of Use – Acceptable Behaviour

4.1 A range of users will be accessing and using EVOLVE. Any Resources or Contributions submitted must be thoughtful and considerate to others. The Resources and Contributions submitted by Registered Users must :

4.1.1 be civil, i.e. not rude;

4.1.2 be constructive, i.e. not intended to disrupt, offend or abuse anybody including but not limited to other users;

4.1.3 be lawful and not deliberately provocative, i.e. they should not be racist, sexist, homophobic, defamatory, profane, obscene, harassing or otherwise objectionable and they should not contain any content that infringes the rights of another person, e.g. copyright or trademark;

4.1.4 be relevant and useful, i.e. Users should not use the facility to post spam or content that is unrelated to the discussion or content to which it is attached.

4.1.5 be non-commercial and non-promotional, i.e. the facility should not be used to post advertisements or promotional material;

4.1.6 be authentic, in submitting content no user should impersonate another person.

4.1.7 not contain any material which is misleading, untrue, false or in any way unlawful.

4.3 Any User who becomes aware of any material in EVOLVE which does not comply with these Terms is asked to report this breach to the Service Provider to eproject@uclan.ac.uk

4.4 The Service Provider reserves the right to close a Registered User account without notice if use of that account appears to breach these Terms of Service or if attempted communications by the Service Provider remain unanswered. Where an account is closed, the Service Provider may, at its discretion, inform the User of the reason by email.

5. Our and Third Party Proprietary Materials

5.1 In addition to contributed content, EVOLVE contains proprietary materials which are owned by or licensed to the Service Provider and which are not subject to the Relevant Licence or the Creative Commons Attribution Non Commercial Licence. Any content not explicitly licensed under the terms of a Relevant Licence should be assumed to be proprietary. Such content will include (but is not limited to) logos and trading names, certain text, photographic and video images, sound recordings and the design, layout and appearance of and graphics contained within EVOLVE.

6. Accuracy of Content and Information

6.1 Some of the information and content used in EVOLVE, is provided by other users, members of the public and other third party organisations. Although the Service Provider reserves the right to monitor information and content submitted and may take some steps to check that the same complies with the conditions and rules of Use set out in paragraphs 3 and 4 above, it cannot confirm that any Resources or Contributions are accurate or up to date. By using Resources or Contributions in EVOLVE, any User acknowledges that information and services offered via EVOLVE may include inaccuracies and/or typographical errors.

6.2 Furthermore, the Service Provider does not guarantee that information contained on or available via EVOLVE will continue to be accurate during the time of systems failure. By using such information, any User confirms that they have not relied on any such information and that any arrangements made between that User and any other person, using or named on EVOLVE is entirely at their sole risk and responsibility.

6.3 Information contained in or accessible via EVOLVE changes on a regular basis. The Service Provider may make improvements or alterations to EVOLVE at any time and without notice.

6.4 If any links to other websites appear in EVOLVE or in Resources or Contributions in EVOLVE the Service Provider accepts no responsibility or liability for the content of that website (whether under the control of the Service Provider or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

6.5 Should EVOLVE link to other websites the Service Provider will try to make it as clear as possible that the User is leaving EVOLVE. It is the responsibility of the User to check the terms and conditions and privacy policy on any other websites that they visit.

7. Liability

7.1 The Service Provider does not guarantee that:

7.1.1 use of EVOLVE will be compatible with all hardware and software,

7.1.2 use of EVOLVE will be uninterrupted or error or virus free,

7.1.3 use of EVOLVE will deliver any specific outcome for its users, or

7.1.4 defects in EVOLVE will be corrected.

All Users must take appropriate steps to ensure that they regularly check for viruses when using EVOLVE or Resources downloaded from EVOLVE on any device.

7.2 Inclusion in EVOLVE of Resources and Contributions submitted by Users of it or other third parties does not constitute or imply any endorsement, authorisation or recommendation by the Service Provider in relation to that material or of any opinions or other statements made within it. The Service Provider can neither monitor nor enforce compliance of third party content with all applicable laws and regulations.

7.3 All Users must ensure that their use of EVOLVE and their Resources and Contributions comply with the local laws to which they and the use of EVOLVE may be subject. In accordance with paragraph 7.4 below, the Service Provider cannot accept liability where a User breaches a local law.

7.4 The Service Provider makes no statement about the suitability of the Resources, Contributions, information and services contained on, or accessed via EVOLVE. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.

7.5 The Service Provider further excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by a User or any third party and arising out of or in any way connected with the use of EVOLVE or the Resources or the Contributions, whether based on contract, tort, strict liability or otherwise.

7.6 The User will defend, indemnify and hold harmless the Service Provider, its affiliates and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by that User of these Terms (including the Relevant Licences).

8. Complete Agreement

8.1 These Terms (including the Relevant Licences), the EVOLVE Privacy Policy, and the EVOLVE Takedown Policy contain all the terms applicable to use of EVOLVE by any User. Nothing contained in EVOLVE is intended to be nor should be construed as an offer by the Service Provider to enter into a contractual relationship with a User or anyone else, except on these Terms.

9. Jurisdiction and acceptance of these Terms

9.1 These Terms and any dispute in relation to the materials available from EVOLVE will be governed by English law. The English courts have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms or use of EVOLVE.

9.2 A User’s continued use of EVOLVE indicates their acceptance of these Terms.

This policy is based largely on the Terms and Conditions developed by the OpenLearn service of the Open University. It is available on the terms of a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Licence.