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1.1 These terms and conditions shall manage your use of our community.
(a) For the purposes of this document, the term “community” refers to the entire ‘Support Community’ section of www.cybersmile.org; this includes the message boards, live chat, positivity shrine as well as any and all images and material posted on these pages, whether by members of our organisation or any other user.
1.2 By using our community, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our community.
1.3 If you sign-up to our community, add any material to our community or use any of our community services, we ask that you expressly agree to these terms and conditions.
2. Copyright notice
2.1 Copyright (c) 2015 The Cybersmile Foundation.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our community and the material on our community; and
(b) all the copyright and other intellectual property rights in our community and the material on our community are reserved.
3. Licence to use community
3.1 You may:
(a) view pages from our community in a web browser;
(b) download pages from our community for caching in a web browser;
(c) print pages from our community;
(d) share images from our positivity shrine on social media as facilitated through our in-built sharing tools;
(e) stream audio and video files from our community; and
(f) use our community services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our community or save any such material to your computer.
3.3 You may only use our community for your own personal and business purposes, and you must not use our community for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our community.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our community (including republication on another community);
(b) sell, rent or sub-license material from our community;
(c) show any material from our community in public;
(d) exploit material from our community for a commercial purpose; or
(e) redistribute material from our community.
3.6 We reserve the right to restrict access to areas of our community, or indeed our whole community, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our community.
4. Acceptable use
4.1 You must always:
(a) use our community in a way that will strengthen its main message of positivity;
(b) use our community only for legal and safe activities;
(c) make sure that content added to our community is free from any type of virus;
(d) ask our permission if you wish to use the community’s information for your own personal/business interests;
4.2 You must not use data collected from our community for any direct marketing activity or to otherwise contact individuals, companies or other persons or entities (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.3 You must ensure that all the information you supply to us, or to other community members, through our community, or in relation to our community, is accurate.
5. Registration and accounts
5.1 You may sign-up for an account with our community by completing and submitting the account registration form on our community.
5.2 You must notify us in writing immediately if someone is using your account without your permission.
5.3 Ensure that you only use your own account to access the community, unless you have been given express written permission to use another person’s account, or are acting as the legal guardian of a child under the age of 18.
6. User IDs and passwords
6.1 If you sign-up for an account with our community, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 Please keep your password safe and confidential.
6.4 You must notify us in writing immediately if you believe your password has been disclosed.
6.5 You are responsible for any activity on our community arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend/ban your account;
(b) change your account permissions;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2 If you wish to cancel your account on the community, contact the site administrators.
8. Your content: licence
8.1 In these terms and conditions, "your content" means anything you submit to our community, including text, images and all other media.
8.2 You give us permission to use your content in any way we deem appropriate in relation to the operations of the community or organisation as a whole.
8.3 You hereby waive all rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other rights in your content have been waived to the maximum extent permitted by applicable law.
8.4 You may edit your content to the extent permitted using the editing functionality made available on our community.
8.5 If you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not violate any person's legal rights, and must not be capable of giving rise to legal action against any person.
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be in breach of official secrets legislation;
(j) be in breach of any contractual obligation owed to any person;
(k) depict violence, in an explicit, graphic or gratuitous manner;
(l) be pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(q) cause annoyance, inconvenience or needless anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our community;
(b) that the material on the community is up to date; or
(c) that the community or any service on the community will remain available.
10.2 We reserve the right to discontinue or alter any or all of our community services, and to stop publishing our community, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any community services, or if we stop publishing the community.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our community and the use of our community.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that our community and the information and services on our community are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the community or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) ban you temporarily from using the community
(b) permanently prohibit you from accessing our community;
(d) block computers using your IP address from accessing our community;
(e) contact any or all your internet service providers and request that they block your access to our community;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our community.
12.2 Where we suspend or prohibit or block your access to our community or a part of our community, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our community from the date of publication of the revised terms and conditions on the community, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our community and shall supersede all previous agreements between you and us in relation to your use of our community.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with English law.
18.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
19. Statutory and regulatory disclosures
19.1 We are an international non-profit organisation and registered with The Charity Commission of England and Wales. Our registration number is 1147576.
20. Our details
20.1 This community is owned and operated by The Cybersmile Foundation.
20.2 Our registered address in the United Kingdom is at The Brighton Forum, 95 Ditchling Road, Brighton, East Sussex, BN1 4ST UNITED KINGDOM.
20.3 Our registered address in the United States of America is at 530 Lytton Avenue, 2nd Floor, Palo Alto CA 94301.
20.4 You can contact us by writing to the registered address given above, by using our website contact form, by email to [email protected] or by telephone on 0207 241 6472.