Terms and Conditions

Terms of Service

These Terms of Service were updated on January 1st, 2017

Terms & Conditions
This page (together with the documents referred to on it) tells You the Terms on which You may make use of Our website – www.faculti.net, whether as a guest or a registered user. Please read these Terms carefully before You start to use Our Site. By using Our Site, You indicate that You have read, understood and accept these Terms and that You agree to abide by them. If You do not agree to these Terms, please immediately stop using Our Site.

1. Definitions
1.1 The following words have the following meanings for the purposes of these Terms unless the context requires otherwise and are specifically defined within these Terms.
“Contributions” material contributed to Our Site by You including but not limited to textual content, images or video;
“You” the users of Our Site;
“Your” the users of Our Site’s;
“User” the users of Our Site’s;
“We” Faculti, Faculti Prep, Faculti Media Limited;
“Us” Faculti, Faculti Prep, Faculti Media Limited;
“Our” Faculti, Faculti Prep, Faculti Media Limited; and
“Our Site” www.faculti.net
1.2 The headings are for convenience only and will not affect the interpretation of these Terms.
1.3 Unless the context otherwise requires the singular will include the plural and vice versa, references to any gender will include references to other genders, references to persons will include bodies corporate, unincorporated associations and partnerships.
1.4 References on these Terms to any statute or statutory provision will include any statute or statutory provision which before or (in the case of consolidation only) after the date of these Terms amends, extends, consolidates, or replaces the same and will include any order, regulation, instrument or other sub-ordinate legislation made under the relevant statute or statutory provision.

2. Information about us
www.faculti.net is a Site operated by Faculti Media Limited, registered in England and Wales under company number 8403116. Our registered office: Faculti Media Limited, Office 7, 35-37 Ludgate Hill, London, EC4M 7JN

3. Accessing Our Site
3.1 It is possible that access to Our Site may be curtailed from time to time. We reserve the right to withdraw or amend the service We provide on Our Site without notice. We will not be liable if, for any reason, Our Site is unavailable at any time or for any period.
3.2 If You choose a password as part of Our registration procedure, You must treat such password as confidential, and You must not disclose it to any third party. We have the right to disable Your password, if in Our opinion, You have failed to comply with any of the provisions of these Terms.
3.3 You are responsible for making all arrangements necessary for You to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through Your internet connection are aware of these Terms, they comply with them.

4. Prohibited uses
4.1 You may use Our Site only for lawful purposes. You must not use Our Site:
4.1.1 in any way that breaches any applicable local, national or international law or regulation; or
4.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
4.1.3 for the purpose of harming or attempting to harm minors in any way; or
4.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Content Standards or
4.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
4.1.6 to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time- bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2 You must not:
4.2.1 reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of Our Terms without Faculti’s prior written authorisation
4.2.2 access without authority, interfere with, damage or disrupt: any part of Our Site; any equipment or network on which Our Site is stored; any software used in the provision of Our Site; or any equipment or network or software owned or used by any third party; or modify the paper or digital copies of any materials You have printed off or downloaded in any way from Our Site, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
4.2.3 use any part of the materials on Our Site for commercial purposes use the service for the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service.
4.2.4 to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Faculti account names);
4.2.5 to use the Website or the Services (including the comments features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise; to solicit, for commercial purposes, any users of the Website with respect to their Content; and you agree not to access Content or any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by Faculti via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
4.3 If You breach of these Terms, Your right to use Our Site will cease immediately.

5. Search Engines
Faculti grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Faculti reserves the right to revoke these exceptions either generally or in specific cases.

6. Content, Permissions and Licencing policy
6.1 As part of Faculti’s licencing policy, Faculti will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

Faculti content on the Website
6.2 Faculti does not claim ownership rights of any research publications. With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to Faculti and is subject to copyright, trade mark rights, and other intellectual property rights of Faculti. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Faculti. Faculti reserve all rights not expressly granted in and to their Content.
6.3 In order to view, upload or submit content and use some features of the Website or other elements of the Service, you will have to create a Faculti account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Faculti account password secure and confidential.
6.4 You must notify Faculti immediately of any breach of security or unauthorised use of your Faculti account that you become aware of.
6.5 You agree that you will be solely responsible (to Faculti and to others) for all activity that occurs under your Faculti account.

7. Faculti Licenced or Premium Content
Usage rules
7.1 You shall be authorized to use Faculti Products only for personal, noncommercial use.
7.2 You shall be able to store Faculti Products.
7.3 You may not copy, rent, sell, reproduce, publish, republish, post, broadcast, frame, transmit the services or content (or any part of them), or make them available to the public, or authorise or assist anyone else to do so.
7.4 You may not make any direct or indirect charge for watching or using any part of the services or content;
7.5 You may not show any of the content or any part of the service in public to an audience, even if no direct or indirect charge is made;

7.6. User Generated Content (UGC)
7.6.1 Faculti does not claim ownership rights of the digital content nor any research publication associated with your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Faculti, on the Site or through the Services you hereby grant and agree to grant Faculti a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, display, publish, transmit, broadcast and distribute user Submissions in any form, medium or technology now known or later developed on the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Faculti. You agree to execute and deliver such documents and provide all assistance reasonably requested by Faculti to give to Faculti the full benefit of the rights granted to Faculti by you.

8. Content Standards (the “Content Standards”)
8.1 These Content Standards apply to all of the content on Our Site, including without limitation, any Faculti produced content and all Contributions to Our Site.
8.2 You must comply with the spirit of the Content Standards. The Content Standards apply to each part of any Contribution.
8.3 Contributions must:
8.3.1 be true and accurate (whether or not they are of a factual nature);
8.3.2 be genuinely, reasonably and honestly held (where they state opinions); and
8.3.3 comply with applicable law in the UK and in any other country from which they are posted or viewed or downloaded.
8.4 Contributions must not:
8.4.1 contain any material which is defamatory of any person; or
8.4.2 contain any material which is obscene, offensive, hateful or inflammatory; or
8.4.3 promote sexually explicit material; or
8.4.4 promote violence; or
8.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
8.4.6 infringe any copyright, database right or trade mark of any other person; or
8.4.7 be likely to deceive any person; or
8.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
8.4.9 promote any illegal activity; or
8.4.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; or
8.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person; or
8.4.12 be used to impersonate any person, or to misrepresent Your identity or affiliation with any person; or
8.4.13 give the impression that they emanate from Faculti, if this is not the case; or
8.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9. Making Contributions and Uploading material to Our Site
9.1 Whenever You make a Contribution and/or upload material to Our Site, You must comply with the Content Standards set out in clause [8] of these Terms. You warrant and represent irrevocably and unconditionally to us that any Contribution that You made to Our Site complies with in full and without exception to the Content Standards, and You further indemnify us for any breach of such warranty and representation.
9.2 Any Contribution You upload to Our Site will be considered non-confidential and non-proprietary, and We have the right to put your Contribution(s) on Our Site.
9.3 By making a Contribution to Our Site;
9.3.1 You are warranting and representing to us (and separately and with each of the users of Our Site) that You are fully entitled to make such Contribution and You further warrant and represent that the material is Your own original work and that You own absolutely the copyright and any other relevant rights in that Contribution; or have a licence and/or express permission to use the material as part of Your Contribution.
9.4 If any third party who claims that any material posted or uploaded by You to Our Site constitutes a violation of their intellectual property rights, We would remove Your Contribution. If the owner of the intellectual property rights pursued a claim against Us then We may disclose Your identity to them.
9.5 We will not be responsible, or liable to any third party, for the content or accuracy of any Contributions or materials posted by You or any other user of Our Site.

10 Charges and Payments
10.1 Charges are linked to the Premium Products to which you subscribe. Group pricing for customers on group subscriptions can be found here : https://faculti.net/team-pricing, along with additional terms and conditions that, in the event of conflict with these Terms and Conditions, shall control. The terms of the membership to which you subscribe are incorporated herein by reference as if fully set forth herein. You will be charged in advance of your payment period until your membership is cancelled (for cancellation details see Termination below) together with additional transaction based charges. Details of charges are shown within the sign-up process, as set out in https://faculti.net/subscribe/. Charges are expressed in UK STERLING. Any increase in the applicable membership price (for example, where you add additional Premium products) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period. Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card and/or Paypal through our WooCommerce Payment Gateway via the website. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, or after a free trial period has finished, you will be asked to provide payment details via our Wocommerce Payment Gateway. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full. We do not store credit card details nor do we share customer details with any 3rd parties.

Subscriptions and Payments
10.2.1 Our Site/app offers subscription services.
10.2.2 Subscription services may: allow access to additional content including, but not limited to books, textbooks, textbook chapters, journal articles, videos, audio podcasts, images.
10.2.3 Subscriptions do not: represent purchase of content and/or transfer additional rights of ownership, copyright or intellectual property and/or grant continuing access to content or services on Our Site or any other website in the event of termination or refusal of subscription for any reason.
10.3.1 Subscription services may require payment for access.
10.3.2 Payments for subscriptions are conducted through a payment service provider – WooCommerce and Paypal. We do not store credit card details nor do we share customer details with any 3rd parties. For more information regarding the payment service provider pleases visit www.woocommerce.com and www.paypal.co.uk
10.3.3 Tax: Unless otherwise stated, Faculti charges will include VAT or GST in countries where VAT or GST is collected. In those countries, VAT or GST tax is included in the advertised Faculti price.
10.3.4 If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name).
10.3.5 Payments through our Site: are inclusive of applicable taxes and transaction fees; and / or are subject to change; and are conducted through Comodo secure sockets layer (SSL) technology, which is used to ensure safe transfer of personal information
10.3.6 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from Our Site.
10.4.1 Each subscription may be subject to its own product description and subscription time.
10.4.2 We will take all reasonable care to ensure that details, description and costs are accurate and correct. However, information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.
10.4 Regarding Termination or Refusal of subscriptions:
10.4.1 We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website.
10.4.2 We reserve the right to refuse to process a transaction for any reason, or refuse service to anyone at any time at our sole discretion.
10.4.3 We will not be liable to you or any third party by reason of: our withdrawing any product from Our Site, whether or not that Product has been sold; and / or removing or editing any materials or content on the Our Site; and / or refusing to process a transaction or unwinding or suspending any transaction after processing has begun; and / or refusing service to anyone at any time at our sole discretion.
10.4.4 We cannot accept responsibility or liability for any direct, indirect or consequential termination of the payment/subscription service caused by removal of content by third parties or external contributors such as but not limited to publishers, organisations, companies or individuals supplying the content.
10.5 Payments/Subscriptions are subject to a refunds policy.
10.5.1 We want you to be totally satisfied with every purchase you make from Faculti. However, you have the right to cancel your purchase and receive a full refund within 14 days of purchase.
10.5.2 You must submit a refund request by email via our contact form faculti.net/contact-us and the money will reimbursed back in to the receiving account within a period of 30 days. Alternatively, you can request a refund in writing sent to the company address at Faculti Media Limited, Office 7, 35-37 Ludgate Hill, London, EC4M 7JN

User Generated Premium content
10.6. Faculti charges user’s a fee for the Premium User services of connecting the two parties for hosting the content on our server and for collecting the fixed fee agreed between a User and a Licensor for purchase of content. When a Licensor releases escrow funds to a User, Faculti credits the User account and then deducts a service fee of 12% that Faculti earns for creating, hosting, maintaining and providing the Site. Faculti will automatically disburse funds to Users. Faculti allows Users to set own fee amount for content uploaded by User.
10.6.1 Non-Payment. If a user fails to pay amounts due under this Agreement, whether by cancelling Client’s credit card, initiating an improper chargeback, or any other means, The User Faculti account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, User’s must reimburse Faculti for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law, plus attorneys fees and other costs of collection as allowed by law. In its discretion, Faculti may setoff amounts due against other amounts received from or held for User, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
10.6.2 Hold on Funds. In cases of fraud, copyright abuse or violation of this Agreement, all monies due to Contractor may be held and/or reclaimed, not just those from the Service Contract(s) under investigation.
10.6.3 Disintermediation. Users will make all payments relating to, or in any way connected with, a Contract through the Faculti Platform. Any action that encourages or solicits complete or partial payment outside of the Faculti Platform is a violation of this Agreement. Should a User be found in violation of this Section, it will owe Faculti an amount with respect to each Content Download equal to the greater of (a) US$2,500; or (b) the applicable fees had the payments been processed through the Faculti Platform.
– For clarity, you are agreeing to not circumvent the payment methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
10.6.3 (a) Submit proposals to, solicit, contract, hire, manage or pay any parties identified through the Site other than through Faculti Platform.
10.6.3 (b) Accept proposals from, contact, deliver services to, invoice or receive payments from parties identified through the Site other than through the Faculti Platform.
10.6.3.(c) Invoice or report on the Site an invoice or payment amount lower than that actually agreed between Seller and User through the Faculti Platform.
10.6.4 YOU AGREE TO NOTIFY FACULTI IMMEDIATELY IF ANOTHER PERSON IMPROPERLY CONTACTS YOU OR SUGGESTS MAKING OR RECEIVING PAYMENTS OUTSIDE OF THE SITE. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to Faculti by sending an email message to: contact at faculti dot net

Third Party Licensing
10.7 Users grant to each user of the Service, a worldwide, non-exclusive, royalty-free licence to view your videos for their personal, non-commercial purposes to the extent permitted by the functionality of the Service and under these Terms.
10.7.1 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out above.
10.7.2 We do not accept any liability for the provenance, title or copyright of any of the Contributions posted on Our Site and We are unable to offer advice to Users of Our Site on these issues. Please obtain independent legal advice.

11. Suspension and termination
11.1 We will determine, in Our discretion, whether there has been a breach of these Terms through Your use of Our Site. When a breach of Our Terms has occurred, We may take such action against You or any other third party as We in Our absolute discretion deem appropriate.
11.2 Failure by You to comply with these Terms, may in Our absolute discretion result in Our taking all or any of the following actions:
11.2.1 immediate, temporary or permanent withdrawal of Your right to use Our Site; or
11.2.2 immediate, temporary or permanent removal of any Contribution uploaded by You or any other third party to Our Site; or
11.2.3 issue of a formal warning to You; or
11.2.4 legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from Your failure to comply with these Terms; or
11.2.5 further legal action against You; or
11.2.6 disclosure of such information to such law enforcement or other regulatory authorities as We in Our absolute discretion decide.

12. Our Site changes regularly
12.1 We aim to update Our Site and review Contributions regularly, and may change the content at any time. If the need arises, We may suspend Your access to Our Site, or close it indefinitely. Any of the Contributions or other material or content on Our Site may be out of date at any given time, and We are under no obligation to update such material or to confirm its accuracy.

13. Our liability
13.1 We cannot accept responsibility or liability for any Contribution, content and other material. In particular, You recognise that the information and material contained on and available on Our Site is to be used only as a reference aid and must not be used as a substitute for the judgement of a suitably qualified professional practitioner. The Contributions, content and materials on Our Site will not always reflect the most recent research, opinion and knowledge in all areas of academic and professional research.
13.2 To the extent permitted by law, We, and third parties connected to us hereby expressly exclude:
13.2.1 all conditions, representations, guarantees, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
13.2.2 any liability for any direct, indirect or consequential loss or damage incurred by You in connection with Your use of Our Site linked to it including, without limitation any liability for: loss of income or revenue; and/or loss of business; and/or loss of profits or contracts; and/or loss of anticipated savings; and/or loss of data; and/or loss of goodwill; and/or wasted management or office time; and/or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13. Information about You and Your visits to Our Site
13.1 We process information about You in accordance with Our Privacy Policy. By using Our Site, You consent to such processing and You warrant and represent to Us that all data provided by You for such purposes is true and accurate in all respects.

14. Viruses, hacking and other offences
14.1 You must not misuse Our Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful in any way. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack.
14.2 By breaching the terms of this clause 13, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them in accordance with Our Privacy Policy. In the event of such a breach, Your right to use Our Site will cease immediately.
14.3 We will not be liable to You for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our Site or to Your downloading of any material posted on it, or on any website linked to it.

15. Linking to Our Site
15.1 You may link to Our Site, provided that You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
15.2 You must not establish a link from any website that is not owned by You.
15.3 We reserve the right at Our absolute discretion to withdraw linking permission for any reason without notice. The website from which You are linking to Our Site must comply in all respects with the Content Standards set out in these Terms.
15.4 If You wish to make any use of material on Our Site other than that set out in these Terms, You must address Your Licencing request via out contact form faculti.net/contact-us and obtain prior approval in writing to such proposed use.

16 Links from Our Site
16.1 Where Our Site contains links to other websites and resources provided by third parties, these links are provided for Your information only. We have no control over the contents of those Sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.

17 Severance
17.1 If any clause of these Terms (or part of a clause) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that clause shall be ineffective to the extent of such illegality, invalidity or unenforceability but the other provisions shall remain in force. If any invalid, unenforceable or illegal clause would be valid, enforceable or legal if some part of it were deleted, the clause shall apply with the minimum modification necessary to make it legal, valid and enforceable.

18. Variations
18.1 We may revise these Terms at any time by amending this page. You are expected to check this page each time You access. Our Site to take notice of any changes We make. These Terms are legally binding on You. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on Our Site, or by law.
18. 2 Your concerns/complaints
If You have any concerns about material which appears on Our Site, please email via our contact form faculti.net/contact-us contact with details of Your concerns and suggestions as to how Your concern could be rectified. Please include the URL of the page which has led to Your concern. Thank You for visiting Our Site.

19. Ending your relationship with Faculti
19.1 The Terms will continue to apply until terminated by either you or Faculti as set out below.
19.2 If you want to terminate your legal agreement with Faculti, you may do so by (a) notifying Faculti at any time and (b) closing your Faculti account. Your notice should be sent, in writing, to Faculti’s address which is set out at the beginning of these Terms.
19.3 Faculti may at any time terminate its legal agreement with you if:
you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or Faculti is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
19.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Faculti have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions above shall continue to apply to such rights, obligations and liabilities indefinitely.

20. Exclusion of Warranties
20.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
20.2 The Service is provided “as is” and Faculti makes no warranty or representation to you with respect to them.
20.3 In particular Faculti does not represent or warrant to you that:
your use of the Service will meet your requirements, your use of the Service will be uninterrupted, timely, secure or free from error, any information obtained by you as a result of your use of the Service will be accurate or reliable, and that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
20.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.