Terms & Conditions

Website and services – user terms & conditions
Important notice about user content

Your obligations and the terms
Age of consent
Your password, username, pin and security
Applications
How will pdhct use your material?
You promise:
Your personal data
Use of the site
Other user content, complaints and contacting pdhct
Termination and suspension of your membership or the site pdhct
Third party sites/links
Disclaimer/limitation of liability
Pdhct's intellectual property rights, products and software
Law and jurisdiction
Our details

Website and services – user terms & conditions

By registering with, using or visiting the "Site" (this term covers ideastap.com), you agree to these terms and conditions ("Terms") and our Privacy Policy (which is incorporated into the Terms). If you do not agree to the Terms or Privacy Policy, please do not use or register with the Site.

The Site is owned and operated by The Peter De Haan Charitable Trust ("we", "us" and "PDHCT"). Please read the Terms (and the other terms set out below) carefully as they set out your rights and obligations and the terms on which PDHCT makes the Site available to you. They also provide information on how you can submit material and how this will be used.

Important notice about user content

By providing content to PDHCT or the Site you confirm this is (a) your own work and not copied from anyone else or infringing of any third party's rights and (b) not defamatory, obscene, harassing, offensive, threatening or in breach of anyone's privacy. You must have the consent of anyone featured in the content to provide this to us.

You will own any original content you provide but by providing content you agree PDHCT may use it, copy it and make any part of it available on the Site, other internet sites, mobile, television, radio and/or any other media channel in any format. Further details are set out below.

The Site may contain content created by user submission and which does not necessarily represent the views of PDHCT. The Site may contain content of an adult nature that is unsuitable for young people (under 16). If you wish to make a complaint about any content please email us at info@ideastap.com.

Back to top IF WE DISCOVER OR HAVE ANY REASON TO SUSPECT YOU HAVE BREACHED THE TERMS WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR MEMBERSHIP OF THE SITE IMMEDIATELY AND WITHOUT NOTICE.

1. YOUR OBLIGATIONS AND THE TERMS

If you would like to use the site, upload material to the Site, interact with the Site or access streamed content, you must register and become a Site member ("Member"). As part of this you will be asked to "accept" the Terms and, on doing so, you will be deemed to have consented to and will be bound by the Terms. You must be a Member before you can audition for or apply to participate in the Big Pitch and the Ideas Fund ("Application") (see Section 4).

The Peter De Haan Charitable Trust reserves the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.

You must be 16 years or over to register as a Member, use the Site and/or submit an Application. We may work with partners to allow groups of younger Members to register and use the Site on a limited basis from time to time.

We reserve the right to ask for written proof of age or eligibility from you. If we discover or suspect that you do not comply with the age requirements, we reserve the right to suspend or terminate your Membership or use of the Site immediately and without notice and/or disqualify you from any Application process.

3. YOUR PASSWORD, USERNAME, PIN AND SECURITY

When you register as a Member, you will be asked to select a user name and password you can then use to access your account and log on to and/or participate in areas of the Site reserved for Members only. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable.

You may update certain details via your account. In certain areas of the Site, you may be able to set your Membership profile and control parts of this e.g. the information other users can see.

You accept it is your sole responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under this. PDHCT is unable to check the identity of people acting as Members or using Members' areas and will not be liable where your password is used by someone else. You should make sure you are the only person using your password and you agree to notify us of any unauthorised use of your password and any other breach of security as soon as you become aware of it.

If you use any functionality that PDHCT makes available that allows people to contact you or leave comments, you are accepting these may be abusive, untrue or unpleasant. Please be careful when using any messaging and do not reveal personal information such as your home or work contact details, or where you live. You can use the complaints procedure if any issues arise (see Section 9). Functionality is in place that enables you to block unwanted contact from other users of the site.

4. APPLICATIONS

You may have the chance to apply for the Big Pitch and the Ideas Fund on the Site. The Site will set out details of how to submit an Application, the process and any additional rules or requirements. User Content and Your Data supplied as part of an Application MUST comply with the Terms and other requirements we notify to you and will be used as set out in Sections 5 and 7. As mentioned above, this, and other parts of the Site, may only be open to over 16s.

The Peter De Haan Charitable Trust reserves the right to disqualify incomplete Applications or those that do not follow the requirements or Terms. PDHCT does not accept responsibility for lost or delayed Applications or for any errors in or unauthorised access to Applications which happen because of server functions, viruses, bugs or other things that PDHCT does not control.

PDHCT's decision as to whether an Application is successful (or in the event of any argument regarding the rules, conduct or results of the Application process) is final and no correspondence will be entered into. Whether particular Applications are used is entirely PDHCT's decision. These decisions may be taken by or with one or more of the partner organisations (where this has been agreed between PDHCT and the partner organisations).

PDHCT may withdraw, cancel or amend the Application or the process without prior notice to ensure compliance with legal, regulatory or other similar requirements or for any reason outside PDHCT's control. Any changes will be posted on the Site.

5. HOW WILL PDHCT USE YOUR MATERIAL?

"User Generated Content" (referred to in the Terms as "User Content") includes all content provided to the Site or uploaded to the Site by users i.e. videos, clips, pictures, reviews, comments, data posting, competition entries and all other user generated material.

You agree and guarantee that any User Content you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any consents necessary for you to provide the User Content to PDHCT.

PDHCT does not, unless we agree this with you, claim any rights of ownership in your User Content. As such, you retain all ownership rights and, although PDHCT will be able to use the User Content as set out in the Terms, you will also have the right to use your User Content in any way you choose. Where User Content is to be used in a different way (e.g. we are asking to own this) this will be made clear on the Site and you will then be able to choose whether to provide particular User Content on that basis.

You now grant PDHCT a non-exclusive, worldwide, irrevocable licence (for the full period of any rights in the User Content) to use, display, publish, transmit, copy, make derivative works or podcasts from, edit, alter, store, re-format the User Content for such purposes.

You grant PDHCT the right to issue publicity concerning the User Content and any material in which it may be included, and for such purpose to use and reproduce your name and photograph (where these have been provided to PDHCT) and your User Content.

PDHCT does not guarantee to use or otherwise make available User Content. Any User Content may be rejected by PDHCT and may be edited, moderated or deleted at its absolute discretion. PDHCT reserves the right not to accept User Content that is not in English and cannot be moderated. All decisions are final and PDHCT will not enter into any discussions or correspondence about why User Content has been rejected.

PDHCT may, in appropriate circumstances, and at its sole discretion, remove or disable access to User Content that appears to be legally or otherwise problematic e.g. it infringes the copyright or other intellectual property or privacy rights of others, is defamatory etc. or for any other reason. In relation to all reviews and comments posted on the Site, authors consent to PDHCT editing such reviews to ensure compliance with the Terms.

PDHCT does not keep any "comments" that are not accepted for publication but may retain other User Content even if this is not published. You agree, however, that PDHCT has no obligation to keep originals or copies of any User Content or to return this to you or remove this from the Site on termination of your Membership or at the end of any Application or otherwise.

6. YOU PROMISE:

if registering as a Member, you are 16 years of age or over (except where, as part of working with one of our partners, the registration process states that you may become a Member on a limited basis even though you are younger than 16);
all information provided by you to PDHCT is accurate, true and up to date in all respects and at all times, all facts expressed by you in User Content are true to the best of your knowledge and belief and, if your User Content contains opinions, these are your own and genuinely and truly held by you;
all User Content is original to you and you are fully entitled (and have all necessary consents) to give the User Content to PDHCT (you must also have the consent of anyone featured in the User Content to provide this to us) and you are happy for this to be used as set out in the Terms;
nothing in the User Content will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene, offensive, indecent, harassing, threatening, breach anyone's privacy or may constitute a contempt of court or be calculated to bring any broadcaster or other person into disrepute; and
all User Content will comply with any additional terms or requirements on the Site and you will at all times comply with the Terms.

You agree to indemnify and keep indemnified PDHCT from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use and/or Membership or Applications or arising from any breach or suspected breach of the Terms by you or your violation of any law or the rights of any third party.

7. YOUR PERSONAL DATA

Personal information you are asked to supply or you supply voluntarily as part of the registration, upload/download or Application process and any other information relating to your User Content (e.g. information provided to PDHCT in relation to legal and best practice issues) ("Your Data"), will be used by PDHCT, its partner organisations and advisors (including legal advisors) as follows:

to administer your Membership or Application;
in making decisions about whether User Content you seek to upload onto the Site should be accepted, rejected or used; and/or
as set out on the Site or the Terms. In addition, PDHCT may at its discretion disclose this information to the police, regulatory bodies or any legal advisers in connection with any alleged criminal offence or suspected breach of the Terms by you or otherwise where required by law.

You may be requested to take part in promotional activity and PDHCT reserves the right to use your details, photographs and audio and/or visual recordings in any publicity (including as set out in Section 5).

Your Data supplied as part of your Membership profile will, unless we tell you otherwise, be able to be seen by other users of the Site so make sure you only provide information you are happy to be seen in this way. You can control some of the information other users see using your "profile" page.

Except as set out above (or where we agree otherwise with you e.g. in relation to contacting you for marketing), Your Data will be kept private and confidential, will not be passed on to third parties without your express consent and will be used in accordance with our Privacy Policy. By becoming a Member and/or using the Site you are agreeing to Your Data being used as set out above.

8. USE OF THE SITE

In accessing the Site, you agree to do so only for your own personal, non-commercial use and in accordance with the Terms. Unless otherwise stated, you may not copy, reproduce, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way the Site's material or content (including other User Content) or permit or assist any third party to do the same.

You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libellous, in breach of anyone's privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site.

Any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the User Content (including peer to peer transfers) other than in accordance with these Terms is prohibited and will constitute a copyright infringement.

9. OTHER USER CONTENT, COMPLAINTS AND CONTACTING PDHCT

Although we ask all Members to submit User Content that complies with the Terms, you acknowledge that User Content supplied by other Members may include material you consider offensive or objectionable. PDHCT assumes no responsibility or liability for User Content and, as the User Content is created by users, it does not necessarily represent the views of PDHCT.

If you become aware of any misuse of the Site or wish to complain about any User Content or material on the Site or believe any of your rights have been violated e.g. your copyright infringed, you have been defamed etc., you can notify us using any "report" links on the Site. This is the quickest way to contact us. Alternatively you can contact us at the address below (see Section 15) or via email to info@ideastap.com. We will need to know:

Nature of your complaint and location within the Site of the particular content or Member. * For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief the disputed use is not authorised by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorised to act on behalf of the owner.
Your name, address, telephone number and email address and such other information as we may reasonably request. PDHCT may, but is not obliged to, monitor or assist in disputes between Members. You are solely responsible for your interaction with other Members.

All information and links relating to on-line safety and reporting abuse are located on the safety page.

10. TERMINATION AND SUSPENSION OF YOUR MEMBERSHIP OR THE SITE

PDHCT reserves the right to modify, suspend or discontinue the Site or any part of it (including the availability of any features of the Site) at any time and without notice or liability to you. PDHCT is entitled to suspend or terminate your Membership or access to any part of the Site at any time if you breach the Terms or for technical reasons.

You may terminate your Membership at any time, for any reason, by emailing us at info@ideastap.com.

11. THIRD PARTY SITES/LINKS

PDHCT is not responsible for the availability or content of any third party websites or material you access through the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. PDHCT does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services) or for any damage, loss or offence caused by or, in connection with, the same. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.

You may link to your own User Content on the Site. Other than this, links to the Site must be direct to the IdeasTap homepage (and not any part of a page) and must not be viewed within the pages of any other site (unless expressly set out otherwise on the Site). PDHCT disclaims all liability for any legal or other consequences (including for infringement of third party rights) of links made to the Site.

Links do not imply that PDHCT endorses, is affiliated or associated with any linked site, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of PDHCT, IdeasTap or any of its affiliates or subsidiaries. PDHCT reserves the right to request that any links are removed at any time and you agree to comply with any such request.

12. DISCLAIMER/LIMITATION OF LIABILITY

The Site, User Content and information, images, logos and content relating to the Site, PDHCT, and/or any of PDHCT's partner organisations, products and services (or to third party products and services), are provided 'AS IS' and on an 'AS AVAILABLE' basis without any representation, endorsement or warranty of any kind, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

PDHCT will endeavour to provide the Site using all reasonable care and will use reasonable efforts to make the Site available to you at all times. However you acknowledge that the Site is provided over the internet and so the quality and availability of the Site may be affected by factors that are outside PDHCT's reasonable control such as technical faults in your ISP's and/or telecommunication providers' network/service. PDHCT is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, computer equipment or software, or failure of any email or Application to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any website (or any combination of these things).

PDHCT makes no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or the server that makes it available are free of viruses or bugs. Except as required by law, PDHCT will not be responsible for any loss or damage caused by:

interruption or delay to the Site or errors, viruses or bugs contained in the Site caused by events outside PDHCT's reasonable control;
your negligence, your breach of the Terms or failure to follow PDHCT's reasonable instructions;
any incompatibility of the Site with any other software or material on your equipment;
any unauthorised use of the Site; or
any other factor that is outside PDHCT's reasonable control.

Content, information and other material on the Site may contain inaccuracies and typographical errors. PDHCT does not warrant the accuracy or completeness of these or the reliability of any information displayed or distributed through the Site (including provided through any software). You acknowledge that reliance on any such information shall be at your sole risk. PDHCT reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Site and to make changes to the Site and to the materials, products, programs, services, content or prices described in the Site at any time without notice.

PDHCT cannot accept any responsibility for any damage, loss, injury or disappointment suffered though use of the Site. In no event will PDHCT or its partner organisations be liable for any damages whatsoever, whether in action of contract, negligence or other action, including (but not limited to) damages for loss of use of the Site, damage to equipment or other software, or loss of data or profits or for other monetary loss or for any indirect or consequential damages, arising out of or in connection with the use (or inability to use) or performance of the Site. In addition, in no event shall PDHCTor its partner organisations be liable for any unauthorised use of the Site.

These exclusions do not apply to death or personal injury caused by PDHCT's negligence and only apply to the extent permitted by law. This does not affect your statutory rights.

13. PDHCT'S INTELLECTUAL PROPERTY RIGHTS, PRODUCTS AND SOFTWARE

The names, images and logos identifying the IdeasTap, the Peter De Haan Charitable Trust or its partners and their products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring any licence or right under any intellectual property right of PDHCT, its partner organisations or any other third party unless expressly stated otherwise.

All copyright, trade marks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than User Content and Your Data (see Sections 5 and 7) shall remain at all times the property of PDHCT and protected by copyright law.

Any products and services on the Site are subject to availability and are available at the sole discretion of PDHCT, all references to products and services are intended to apply only in the United Kingdom.

From time to time certain software which is the protected work of PDHCT or its suppliers may be made available to download from the Site. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software unless you are specifically advised otherwise.

14. LAW AND JURISDICTION

The Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising from the Site or Terms will be decided only by the English courts.

The Site is only intended to be accessed from the United Kingdom. PDHCT makes no representation that materials on the Site are appropriate or available for use at other locations and access to them from territories where their contents are illegal is strictly prohibited. If you access the Site outside of the United Kingdom, you are responsible for compliance with all local laws.

If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

PDHCT can transfer its rights and obligations under the Terms to any company, firm or person provided this does not affect your rights under the Terms. You may not transfer or assign your rights or obligations under the Terms to anyone else and your Membership is personal to you.

15. OUR DETAILS

The Peter De Haan Charitable Trust (Registered Charity No. 1077005) is registered in England at 1 China Wharf, 29 Mill Street, London SE1 2BQ.

You can contact us at this address or by emailing us at info@ideastap.com

Last updated 23rd April 2009 The Peter De Haan Charitable Trust