These terms and conditions will apply to your access and use of our website at tate.org.uk. By using our website, you accept that you will be bound to the terms and conditions of use in full. If you do not agree to any of these terms and conditions, you must not access, use and/or contribute to our website. If you have any questions about these terms and conditions, you can contact us using the details set out below.
1. The Board of Trustees of the Tate Gallery (‘Tate’) operates tate.org.uk. Our principal place of business is at Millbank, London SW1P 4RG. If you have any questions please refer to our frequently asked questions. If the answers there do not address your particular concern, you may contact us.
2. Tate may change these terms from time to time so we recommend that you should check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of tate.org.uk will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website.
License to use tate.org.uk
3. You agree to use tate.org.uk only for lawful purposes and in a considerate and responsible way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of tate.org.uk. Prohibited behaviour includes:
- using the website for any purpose that is against the law
- harassing or causing distress or inconvenience to any person
- transmitting defamatory, libellous, racist, obscene, pornographic, indecent or offensive or menacing content which could cause anxiety to anyone else
- using the website in any way that cause interruption or damage to the online services or renders them impaired or less efficient
- using the website in any way that could cause damage or disruption to another users computer
- using the website to transmit or upload computer viruses or other harmful files or programmes
- collecting data about other users
- transmitting or sending unsolicited commercial communications such as junk mail or spam.
Minimum age/parental consent
4. Until you are 18 years old, by using our online services, you certify that your parents have or legal guardian has consented to your use and agree to these terms on your behalf. From time to time, Tate may create specific online communities, some of which will be restricted access and may only be offered to users aged 16 or over. Parental discretion is advised and we recommend that you review these terms with your parents/guardian before using our website. We may require your parents or legal guardian to provide a written acknowledgement of these terms on your behalf before we provide you with part or all of our online services.
5. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on tate.org.uk and all content (including all applications) located on the site shall remain vested in Tate or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use tate.org.uk content in any way except for your own personal, non-commercial use. In certain prescribed circumstances, you may adapt, alter or create a derivative work from any tate.org.uk content for your own personal, non-commercial use, with the prior written permission of Tate which will be indicated against the relevant tate.org.uk content.
6. The names, images and logos identifying Tate or third parties and their products and services are subject to copyright, design rights and trade marks of Tate and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Tate or any other third party.
Contributions to the Tate website / user generated content
7. By sharing and uploading any contribution (including any text, photographs, graphics, video or audio-visual material) with Tate you agree to grant to Tate, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Tate services in any existing or future media worldwide (including on Tates site accessed by international users) and in perpetuity. You waive any moral rights in your contribution in order to permit Tate to edit your material as appropriate. You also grant to Tate the right to sub-licence these rights to third parties.
8. Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it, including licensing that material to other websites.
9. In order that Tate can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Tate permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16. For the avoidance of doubt, the content must not infringe any third partys legal rights.
10. If you do not want to grant Tate the permission set out above on these terms, please do not submit or share your contribution to or with tate.org. uk.
11. Tate does not necessarily (and is not obliged to) pre-moderate all material submitted by you to tate.org.uk, however, Tate reserves the right to:
- monitor any material submitted to our website
- edit or remove any material submitted to our website without prior notice or any liability to you
13. You agree to use Tate communities (including message boards) in accordance with the following Community Rules. These apply across all Tate community sites and services. You should, however, read the local house rules of the particular site or service you’re using, as there may be some local variations to these Community Rules.
(i) About your posts:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: your contributions must be constructive and polite, not with the intention of causing trouble.
- No unlawful or objectionable content: the posting of unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- Be patient: users of all ages and abilities may be taking part in the relevant Tate community.
- No spamming or off-topic material: we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No commercial advertising, marketing or promoting is permitted.
- Contributions containing languages other than English may be removed unless allowed in the relevant local house rules.
- No impersonation of other users is permitted.
- No inappropriate (e.g. vulgar, offensive etc) user names.
- URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
(ii) Your Tate account:
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
Tate reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Tate accounts, or if a non UK based user pretends to be a UK user, or disrupts any of our services in any way.
(iii) Online safety:
We advise that you never reveal any personal information about yourself or anyone else (for example: full name, telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any Tate community.
(iv) Lawful use:
- You may not submit or share any defamatory or illegal material of any nature in tate.org.uk communities. This includes text, graphics, video, programmes or audio-visual material.
- Contributing material to a Tate community with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree to submit to or share with Tate communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of Tate or third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
(v) Under 16s:
We are concerned about the safety of all users of tate.org.uk but children in particular require special considerations. Parents and legal guardians who allow their children to participate in Tate Communities must supervise their childrens online activity. We remind parents and legal guardians that it is their responsibility to determine whether or not particular areas of the website are suitable for children. Children under 16 must have parent or legal guardian permission before taking party in any Tate Community. We remind children to never reveal any personal information about yourself or anyone else, including the name and address of your school, your telephone number, your full name, home address, postal address or email address to the online Tate Community.
(vi) If you breach these community rules:
Tate reserves the right to suspend or terminate your access to our online services or any aspect of them if you fail to comply with the Community Rules or we have reasonable grounds to believe you are likely to breach them.
If you submit or share any offensive or inappropriate content to or with any Tate communities or anywhere else on tate.org.uk or otherwise engage in any disruptive behaviour on tate.org.uk, and Tate considers such behaviour to be serious and/or repeated, Tate may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
Tate reserves the right to delete any contribution, or take action against any Tate account, at any time, for any reason.
Complaints and take down policy
14. You can contact us to make a complaint about any aspect of our online services or if you think your or a third partys copyright has been infringed by our online service. Please submit full details to the following email address: email@example.com. If you have a complaint about an item of content that has been posted or uploaded by another user, you may click on the flag next to the item and select the appropriate category of activity about the complaint.
Privacy and data protection
15. Tate complies with all applicable UK and EU data protection legislation in force in respect of any personal information you submit to us. The personal details you submit to us will only be used for the specified purposes indicated to you and will not be passed onto unauthorised third parties without your explicit consent. You can contact us to amend or remove any information you submit to us. If you want Tate to remove all of you personal information, you may do so by submitting your name, user name, email address and telephone number and requesting the deactivation of your account to this email address: firstname.lastname@example.org. If you want to unsubscribe from newsletters/other email then click on the ‘unsubscribe’ link which can be usually found at the bottom of the relevant communication.
16. If you enter a Tate competition, Tate will alert you to the specific competition terms and conditions that apply.
Third party websites
17. Our website may contain links to other third party websites that are not owned or controlled by Tate. These links are provided for your convenience of access. If you use those links you will leave Tates online services and you visit any linked site at your own risk. Tate is not responsible for any content, products or services available on any other websites.
Disclaimers and limitation of liability
18. The majority of content posted in Tate Communities is user generated. The views expressed are those of the user and unless specifically stated are not those of Tate. Tate is not responsible for any content posted by members of the public on tate.org.uk or for the availability or content of any third party sites that are accessible through tate.org.uk Any links to third party websites from tate.org.uk do not amount to any endorsement of that site by Tate and any use of that site by you is at your own risk.
19. Tate content, including the information, names, images, pictures, logos and icons regarding or relating to Tate, its products and services (or to third party products and services), is provided “as is’ and on an ‘as available’ basis. To the extent permitted by law, Tate excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Tate does not guarantee the completeness or performance of the website or any of the content. While we try to ensure that all content provided by Tate is correct at the time of publication no responsibility is accepted by or on behalf of Tate for any errors, omissions or inaccurate content on the website.
20. Nothing in these terms limits or excludes Tates liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Tate shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of tate.org.uk regardless of the form of action.
21. Tate does not warrant that functions available on tate.org.uk will be uninterrupted or error free, that defects will be corrected, or that tate.org.uk or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
22. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
23. The failure or delay of Tate to exercise or enforce any right in these terms does not waive the Tates right to enforce that right.
24. These terms shall be governed by and interpreted in accordance with English law and you agree with Tate to submit to the exclusive jurisdiction of the English courts.
Head of Tate Online
London SW1P 4RG