Terms and Conditions


THE AGREEMENT

The following agreement describes the terms and conditions on which Simshare offers you access and use of material found on this website. This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of URLs in this Agreement ("Terms & Conditions of Service").


By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the "Terms and Conditions of Service". Simshare only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.

If you do not agree to the Terms and Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. Simshare may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on http://www.simshare.org.uk/terms.php.

No variation or counter offer of this Agreement will be accepted by Simshare.


1. The Service

1.1 Simshare exists to encourage the use of simulation learning in HE and FE. It forms part of a major programme on releasing educational resources for open use under appropriate licensing. The project will encourage simulation learning by helping academic staff to share, re-use and repurpose simulation resources

1.2 You acknowledge that Simshare is a service provider that may allow people to interact online regarding topics and content chosen by users of the Service, and that users can alter the Service environment on a real time basis. As part of the nature of the Service, Simshare does not always or will not always be able to regulate the content/communications created and made available by users of the Service or otherwise. As a result Simshare has limited control, if any, over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service.

1.3 You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programs, animations, text and other creative output ("Content"); and (2) Content may be provided by Simshare or by others such as the users of the Service ("Content Providers").

1.4 You acknowledge that if any other links to other websites appear in Simshare or the resources inside Simshare, Simshare accepts no responsibility or liability for the content of that site. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us. It is the responsibility of the user to check the terms of service and privacy laws of external sites.

1.5 You acknowledge that Simshare and other Content Providers have rights in their respective Content under copyright and other applicable laws and that, except as described in this Agreement, such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from Simshare. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the intellectual property rights (IPR) in the Service to you.

1.6 Simshare reserve the right to disclose the identity of users to third parties who claim that material contributed infringes their rights.

1.7 Simshare reserves the right to disclose criminal activity to the relevant authorities.

1.8 Simshare may update these Terms and Conditions of Service, Privacy Policy and Takedown Policy from time to time. Changes will have immediate effect from the date of posting on this website. A user's continued use of Simshare after these changes have taken place will be understood as an acceptance of the new terms.

1.9 Simshare may at anytime and without notice, revoke the rights granted in these terms of service.

2. Licences and IPR

2.1 Subject to the terms of this Agreement, Simshare hereby grants you a non-exclusive, royalty free and revocable licence to access and use the Service and use the content in the Service in accordance with the Terms and Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service.

2.2 Users contributions to Simshare are licensed under a Creative Commons 2.0 UK licence. Information regarding this suite of licences can be found HERE.

2.3 Content owned or licensed to Simshare as part of the Service can be used by any user of the Service for any such purposes that are conducive to education, teaching, learning, private study and/or research.

2.4 Users of the Service can create Content in the Service in various forms. Simshare acknowledges and agrees that, subject to the Terms and Conditions of Service, you will retain any and all applicable copyright and any other intellectual property rights with respect to any Content you create using the Service, to the extent that you have such rights under applicable law.

2.5 Users may submit content to Simshare on the terms of a relevant licence. By doing this a user thereby licenses the deposited content to other users under the terms of that relevant licence.

2.6 You agree to use all best efforts to ensure that your Content does not infringe any intellectual property rights of a third party.

2.7 You agree that even though you may retain certain copyright or other intellectual property rights with respect of the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data Simshare stores on Simshare servers, if such data has been submitted by others. Your intellectual property rights do not confer ownership of others' data stored by or on behalf of Simshare.

3. Simshare rules, guidelines and policies

3.1 You agree to read and comply with the Community Guidelines and Policies.

3.2 Users may:

  • access and use Simshare
  • use the resources and contributions available in Simshare under the terms of the relevant licences. Any user who does not agree to the terms of the relevant licence, should not make use of that resource or contribution.

3.3 By submitting a resource to Simshare, you confirm that:

  • it is not defamatory or obscene
  • it is not in any way illegal and does not infringe any law or any person's rights
  • it is your own work or you have permission of the copyright holder to publish it in Simshare and it can be lawfully published in Simshare
  • if you have included any content owned by a third party, you have properly attributed that party and you have secured the permission of that party to include their content so that it may be used in a manner described in these Terms and Conditions of Service and in the relevant licence
  • the resource or contribution is not, as far as you are aware, the subject of any dispute or court proceedings
  • you will allow Simshare and all other users of Simshare to use your resources and contributions under the terms of the relevant licence.

3.4 In addition to abiding at all times to the Community Guidelines and Policies, you agree that you shall not impersonate any person or entity without their consent, including but not limited to a Simshare employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity.

3.5 Simshare reserves the right, at its discretion, to delete materials at any time.

3.6 By submitting to Simshare, users will be confirming that they understand and accept that these resources will be available for others to see and download.

3.7 By submitting to and using Simshare, users recognise that they must:

  • not do anything which may cause the introduction or spread of a computer virus (intentionally or otherwise)
  • not post any inappropriate messages including advertisements, chain letters, repeat messages/content or make any statement that is untrue or misleading
  • be civil
  • be constructive and not intend to disrupt, offend or abuse anybody
  • be lawful and not deliberately provocative, i.e. not be racist, sexist, homophobic, defamatory, profane, obscene, harassing or otherwise objectionable
  • be relevant and useful
  • be non-commercial and non-promotional


4. Releases, disclaimers of warranties, limitation of liability and indemnification

4.1 As a condition of access to the Service, you release Simshare from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that Simshare will have the rights but not the obligation to resolve disputes between users relating to the Service.

4.2 Any Content, or other data residing on Simshare's servers or the Service may be deleted, altered, moved or transferred at any time for any reason at Simshare's sole discretion without notice and without liability to you or any third party.

4.3 Simshare provides the Service and Content strictly on an 'as is' basis and use of the Service and/or Content is at your own risk. Simshare hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, Simshare accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.

4.4 To the extent permitted by law, in no circumstances will Simshare be liable to you or you liable to Simshare for any loss resulting from a cause over which Simshare or you do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.

4.5 In no event shall Simshare be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out of, or in connection with, the Service and or Content.

4.6 You agree to defend, indemnify and hold harmless Simshare and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless Simshare from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.

4.7 Simshare doesn't guarantee:

  • Simshare will be compatible with all hardware and software
  • use of Simshare will be uninterrupted or error or virus free
  • use of Simshare will deliver any specific outcome for users
  • Simshare defects will be corrected

Users must take appropriate steps to ensure they regularly check for viruses when using Simshare or any resources downloaded from Simshare on any device.

4.8 Inclusion inside Simshare of contributions by users or third parties does not constitute or imply any endorsement, authorisation or recommendation by Simshare in relation that material or any comments, opinions or other statements made within it. Simshare cannot monitor or enforce compliance of third party content.

4.9 All users must ensure their resources and contributions meet all local laws where they access Simshare. Simshare cannot be responsible for any situation where a user breaches a local law.

4.10 Simshare makes no statement about the suitability of the resources, contributions, information and services contained on, or accessed via Simshare. 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.

4.11 Simshare 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 Simshare or the resources or contributions, whether based on contract, tort, strict liability or otherwise.

4.12 The user will defend, indemnify and hold harmless Simshare, 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 and the relevant licences.

5. Governing law and dispute resolution

5.1 This Agreement and the relationship between you and Simshare shall be governed by and construed in accordance with English law. You and Simshare agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the English courts.

5.2 You and Simshare agree to use best efforts to resolve disputes in an informal manner. Where you and Simshare agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and Simshare will agree upon the nature of the expert required and together appoint a suitable expert by agreement.

5.3 Any person to whom a reference is made under Clause 5.2 shall act as expert and not as an arbitrator and his decision (which shall be given by him in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.

5.4 You and Simshare shall provide the expert with such information and documentation as he may reasonably require for the purposes of his decision.

5.5 The costs of the expert shall be borne by you and Simshare in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and Simshare in equal proportions.

6. General provisions

6.1 This Agreement constitutes the entire understanding and agreement between you and Simshare with respect of the subject matter hereof.

6.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.

6.3 The rights granted to you or Simshare arising under this Agreement shall not be waived except in writing. Any waiver of any of your or Simshare's rights under this Agreement or any breach of this Agreement by you or Simshare shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or Simshare to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

6.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.

6.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.

6.6 All or any of Simshare's rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Simshare's assets.



These terms and conditions are based on the web2rightsproject's Model Terms and Conditions of Service which is available under a Creative Commons 2.0 UK by-nc licence and the Jorum Open privacy policy available under a Creative Commons 2.0 UK by-nc-sa licence.