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These TernHeads Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by TernHeads to users of the Services, as used in this Agreement users shall mean Students (job seekers); Educational Institutions; Collaborators (means universities, colleges, publishers or co-publishers such as influencers)(the “User“ or “Users“, depending upon the context). Our Website Privacy and Cookies Policy located here governs our use of personal information submitted physically or through the Site for all Categories.
1. For Students
2. For Employers
3. For Collaborators (e.g. Universities, Colleges, Publishers)
4. For all Users
These are the terms and conditions for www.ternheads.com (Site). The Site is operated by Tern Heads Limited (TernHeads, we, us and our). We are a limited company registered in England. Our registered company number is 11954337, and our registered office is at 76 Somerset Road, Basildon, United Kingdom SS15 6PP.
The Site makes available an online networking platform for students, businesses and educational institutions focused on the creative industries. TernHeads enables students, creative companies and educational institutions to upload profiles and portfolios to a directory, post job opportunities, internships and collaboration ads, network on our forum, share insights and get help with employment law and payroll via an Umbrella company called Plus Payroll (the “Services”). We are only responsible for putting Users in contact with Plus Payroll should they wish to use them. TernHeads is not responsible for the employment or payment of internships, salaries or any other employment-related responsibilities. We are also not responsible for any disputes between businesses, educational institutions and students. We draw your attention to Paragraph 11 Disclaimer, which sets out in detail what is excluded from our responsibilities.
All students are subject to these Student Terms and by using the Site or searching for any Services through the Site agree to be bound by these Student Terms. Please print a copy of these Student Terms for future reference.
2. Internships or job listings
TernHeads is free for students searching for employment and internship opportunities. The Site will facilitate the posting of employment opportunities and other job-related content, including links to third-party websites through the Site. It is up to you to search for job ads and other employment opportunities. You acknowledge and understand that TernHeads has no control over the content of job ads, links to or from job ads, or any conditions third parties might impose once you have submitted an application or left the Site.
3. Your profile and CV
By creating a profile through the Site, you are granting us an unconditional, irrevocable license to and intellectual property in the content. You are also giving permission to show your CV through our Site to educational institutions and businesses and other third parties who are also Users of our Site.
4. Applying to Jobs Through TernHeads
TernHeads assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site and any assessment or response you receive from another User via the Site.
5. Analytical Reports or Data
As a student seeking employment, you take a variety of actions on our Site. For example, your search for jobs (Your Activity). TernHeads may monitor your activity using the Site, and collect and store raw data. Such raw data may be compiled into high level aggregated data which we may produce as analytical reports that we share with third parties in order to improve user experience and outcomes.
The following terms and conditions apply to all Employers and other users who access or use the Site to offer employment or internships including but not limited to sole trader businesses, non-profitable organisations, employment businesses or employment agencies. For purposes of this Employer terms, all references to “you” or “your” shall mean you, the individual or organisation accessing this Site in your capacity as an Employer.
2. Employer Profile
As an Employer, your account is for business use and not for personal use. TernHeads is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. If we receive any reports that your account is being used fraudulently, for example, it is a false account then we reserve the right to remove your account from the Site immediately.
3. Employer Services
While we are not responsible for your compliance with employment law TernHeads supports inclusion and diversity. You may not decline an applicant on grounds of race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status. Impose any different terms or conditions based on race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Post or offer any job ads or employment opportunities or make any statement that discourages or indicates a preference for or against any candidate on account of race, colour, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
You are responsible for the contents of your emails, application forms, questions or their format, Company Pages that you create, any job listings that you post, and any messages that you send through TernHeads. You acknowledge and understand that TernHeads is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that TernHead may reject or remove any job listing, any part of any Company Page, or any questions for Students for any or no reason.
You further understand that the Site is Internet-based while TernHead’s highest priority is the stability of the Site, unfortunately, despite our efforts, there may be outages that temporarily bring the Site offline or slow down Site performance, the data included in emails or communications between you and students may become infected, intercepted, or corrupted. Therefore, there may be data loss or errors. TernHeads does not accept any responsibility for the stability of the Site or any accuracy or completeness of any communication with students via the Site.
The following TernHeads Collaborator Terms apply to any user that accesses or uses the Site to collaborate with TernHeads in producing content for the Site. This includes educational institutions that want to introduce students to the Site and create profiles through which students can access the Site or any person or organisation that publishes content to the Site whether individually, collectively or as joint authorship with TernHeads (Collaborator).
2. TernHeads Rights
TernHeads shall have absolute discretion as to whether or not it accepts a Collaborator for participation in the Site. Collaborators represent and warrant that all content submitted to TernHeads shall be true, accurate and complete and does not violate the intellectual property rights of any third party.
3. Collaborator’s Obligations
Collaborator is not permitted to use the Site or its content other than for non-commercial purposes. Publisher agrees not to access (or attempt to access) the Site by any means other than through the interface that is provided by TernHeads unless it has been specifically allowed to do so in a separate, written agreement with TernHeads. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping, crawling, reproducing, duplicating, copying, selling, trading or reselling) is prohibited. Collaborator agrees that it is solely responsible for (and that TernHeads has no responsibility or liability to it or to any third party for) any breach of TernHead’s obligations under these Terms and for any consequences (including any loss or damage which TernHeads may suffer) of any such breach.
The following terms and conditions apply to all Users of the Site including students, employers, collaborators and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the TernHeads General Terms and Conditions, all references to “you” or “your” shall mean you, the individual or organisation accessing this Site in any capacity.
2. Our Content, Ownership and Sharing
The material and content accessible from this Site (the “Content”) is the proprietary information of TernHeads or the party that provided or licensed the Content to TernHeads whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of TernHeads.
Except that you may print out a copy of the Content solely for your personal use, and you may re-post images and text from any articles if such posting provides a right of attribution to Ternheads, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of the Content.
Modification or use of the Content except as expressly provided in these Terms violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
From time to time, the Site will use various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such
use is a limited license to republish the content on the approved social media channels, with full credit to the Site.
3. Use of Mobile Apps
We may also provide an App to access our Services or aspects of our Services:
If we provide an App these Terms apply to the use of any App and the Service through the App. These Terms control over any terms which may be imposed by either iOS or the Android platform and any other application distribution platform for use of the App and/or the Service through an App. Anywhere in the Terms where the word Site is used shall also include the word App and vice versa. Users’ use of any App will terminate at the same time as the use of the Services to which the App relates.
You shall be charged if, and as, indicated by the Site. Upon your request, TernHead may in its sole discretion pause your subscription and associated cost, and upon TernHead unpausing the subscription, it will continue for the remaining term until it expires and automatically renews. Charges are exclusive of taxes, including VAT. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of TernHead and only in the form of credit for TernHead services. You acknowledge and agree that any credit card and related billing and payment information that you provide to TernHead may be shared by TernHead with companies who work on TernHead’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to TernHead and servicing your account. TernHeads may also provide information in response to valid legal process, such as court orders, or to establish or exercise its legal rights or defend against legal claims. TernHeads shall not be liable for any use or disclosure of such information by such third parties. Invoices may be provided to you via electronic mail unless otherwise specified by TernHead. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and TernHead will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
5. Acceptable Use
You may use Site subject to the following conditions:
You warrant to us that you will not use it for any purpose that is unlawful or prohibited by these Terms and any subsequent notices. For example, you may not
(and may not authorise any party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) download any content from this Site (other than as provided by these terms) without the express prior written permission of an authorised representative of TernHeads. For purposes of these Terms, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with TernHeads to prevent or remedy any unauthorised use. Also, you may not use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
This Site is a social network site for finding internships and employment opportunities within the creative industry. The Site is for personal and non-commercial use unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without Tern Heads’ express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site unless expressly permitted by these terms.
8. Links to other sites
inclusion of any link to a third-party site does not imply endorsement by Ternheads of that Site or association with its controllers.
9. Use of our communication services
Our Site contains comment boxes, forums, bulletin board services, chat areas, message boards, newsgroups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with other Users (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are related to networking for internships or employment.
When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
TernHeads reserves the right to monitor the use of this Site to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason. TernHeads reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. TernHeads also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations concerning your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither TernHeads nor any third party that provides Content to TernHeads will assume or have any liability for any action or inaction by TernHeads or such third party for any submission. TernHeads cautions you against giving out any personally identifying information about yourself in any Communication Service. TernHeads does not control or endorse the content, messages or information found in any Communication Service and, consequently, TernHeads expressly disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Employees or agents of TernHeads such as social media influencers are not necessarily authorised TernHeads spokespersons, and their views do not necessarily reflect those of TernHeads.
10. Your Content or Communications
Unless you and TernHeads enter into a separate written contract for use of your Content that states otherwise, you hereby grant to TernHeads the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to TernHeads through this Site (together, the “Your Content”), and to incorporate any of Your Content in other works in any form, media, or technology now known or later developed. TernHeads will not be required to treat any of Your Content as confidential unless required to do so under
privacy and data protection laws, and may use any of Your Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future TernHeads operations.
TernHeads has made every effort to ensure that all information on the Site has been tested for accuracy. TernHeads makes no guarantees regarding the results that you will see from using the information provided on the Site.
The Site was developed strictly for information and networking purposes. You get out of the Site what you put into it. Accordingly, the Site is not responsible for or guaranteeing any user a job, work placement or private mentor. You understand and agree that you are fully responsible for your use of the information provided on the Site. TernHeads makes no representations, warranties, or guarantees. You understand that results may vary from person to person. TernHeads assumes no responsibility for errors or omissions that may appear on the Site.
You understand that TernHeads cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The Site is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. TernHeads does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by TernHeads.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TERNHEADS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TERNHEADS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TERNHEADS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND
TERNHEADS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TERNHEADS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. TERNHEADS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical or in future is valid only as of the date information is posted on this Site, and TernHeads does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer accurate or complete.
12. Limitation of Liability
EXCEPT FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE UNDER S2(1) of UCTA 1977 TERNHEADS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TERNHEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Termination or suspension of access
TernHeads reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You will indemnify and hold TernHeads, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content other than as expressly authorised in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation TERNHEADS® and/or its distinctive logo. All other content on this Site (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of TernHeads, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TernHeads. From time to time, the Site will legally use intellectual property owned by third parties related to our services. The rights in
any third-party trademarks or copyrighted works on this Site are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of TernHeads. The misuse of the Trademark or Copyrighted works displayed in this Site, or any other content on the Site, is strictly prohibited and may expose you to liability.
All contents of this Site are Copyright ©TERNHEADS. All rights reserved.
16. Third-Party Unlawful Material
Notice and Takedown Procedure:
Third-Party unlawful material includes but is not limited to defamatory or disparaging or copyright material. TernHeads expeditiously responds to valid notices to remove unlawful material of copyright infringement. We aim to remove unlawful material within 48 hours of being notified. If you believe that your work has been copied in a way that constitutes copyright infringement, or that there is defamatory material on the Site about you, then you may provide TernHeads authorised representative (listed below) with a notice requesting the takedown of the material via email).
Upon receipt of a valid notice, TernHeads will remove or disable access to the allegedly infringing material as well as contact the owner or administrator of the affected content. That will be the end of TernHeads involvement as we do not get involved in disputes between Users and third parties.
A valid notice will be an email consisting of the following:
1. Your full name, address, email address and electronic or physical signature. We will require a power of attorney if you are represented by someone other than a solicitor.
2. A detailed description including a URL link and screenshot of the copyrighted work or defamatory material that you are complaining about.
3. Your address, telephone number, and e-mail address.
4. A statement by you that you have a good-faith belief that the material is unlawful providing reasons.
5. A statement by you, that you are the copyright owner or the person the unlawful material relates to or you are authorised to act on the person’s behalf.
Be aware that a notice must contain all five points for us to take action. All other notices will be ignored.
Our email address for reporting unlawful content is: firstname.lastname@example.org
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). TernHeads will be entitled to monitor
your password and, at its discretion, require you to change it. If you use a password that TernHeads considers insecure, we will be entitled to require the password to be changed or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TernHeads reserves the right to release your details to system administrators at other sites to assist them in resolving security incidents. TernHeads reserves the right to investigate suspected violations of these Terms.
TernHeads reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction TernHeads to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TERNHEADS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TERNHEADS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TERNHEADS OR LAW ENFORCEMENT AUTHORITIES.
These Terms will be governed and interpreted according to English Law. You specifically consent to the jurisdiction of England in connection with any dispute between you and TernHeads arising out of these Terms and use of the Site. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in the English Courts.
If any part of these Terms are unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TernHeads as a result of this Agreement or use of TernHead’s websites.
These Terms constitute the entire agreement between the parties relating to this subject matter and shall supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written between the Users and TernHeads concerning the Site.
Notwithstanding the preceding, any additional terms and conditions on this Site will govern the Category to which they pertain.
TernHeads may revise these Terms at any time by updating this posting.
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