Terms and Conditions of Use for 96k talkback 96k talkback is a community participation and engagement tool. It is now being run by 96k Project team (henceforth referred to as "We" or "Us"). In entering our site you ("You") are accepting our Terms and Conditions. Using 96k talkback 96kTalkBack is a community development tool that will proactively seek the views/concerns of local people and give a public platform for them. We place a particular emphasis on those who, for whatever reason, do not currently get involved. The project is designed to hold those in power publicly accountable for their actions/inactions and to promote the needs of the most vulnerable. We are intending to be available as a single point of access for all residents to, and for, all service providers in the Borough. We will provide news, information, job vacancies, good news stories and engagement opportunities. We also intend that the delivery of this should be done intelligently and in a fun way so that people have a reason other than need to come back. The access and use of 96k talkback, featuring these Terms and Conditions, constitutes your acceptance of these Terms and Conditions which take effect from the date on which you first use 96k talkback. We may at any time revise these Terms and Conditions without notice. It is up to you to regularly review the Terms and Conditions in case there are any changes. Continued use of 96k talkback after a change has been made is your acceptance of the change. Any material found on 96k talkback, including text or images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except for your own personal non-commercial use and for the use of registered community organisations. Permission for any other use must be obtained from the 96k project team. Applications should be made to: contact@96ktalkback.co.uk Upon registering with 96k talkback you may subject to the terms and conditions contained herein: 1. Use the site to its full extent 2. Create a community or organisation website utilising the software tools and relevant training provided by the 96k project team 3. Request further functionality from the 96k project team 4. Volunteer We allow you onto 96k talkback in return for you agreeing not to adapt, alter or create any derivative work from any of the material contained in this site save for the authorised creation of website as an authorised user. You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. You are prohibited from posting or transmitting any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to civil liability, or otherwise violates any law. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on 96k talkback. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. REGISTRATION REQUIREMENTS Requirements In consideration of Your use of 96l talkback, You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If You provide any information that is not true or not accurate, the 96k project may suspend or terminate your use of 96k talkback. This is without limiting our general right to suspend or terminate for any reason whatsoever. Privacy Registration Data and certain other information about you is subject to the provisions of the Data Protection Act. Account, Security and Password Upon completing the Membership registration process, You will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the 96k project team of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 96k talkback cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Intellectual property The names, images and logos identifying 96k talkback, government departments, third parties and their information, products and services are proprietary marks of 96k talkback, government departments and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of 96k talkback, government department or any other third party. The copying and use of the 96k talkback logo, government logos and/or any other third party logos accessed via 96k talkback are not permitted without prior approval from the copyright owner. Request for permission to use the 96k talkback logo, or any government logo, should be directed to: contact@96ktalkback.co.uk SETTING UP AN ORGANISATION WEBSITE: USING SOFTWARE PROVIDED BY VOICE Software Tools The software tool provided by 96k talkback is intended to enable members, groups and organisations to establish their own websites. We will grant You, as a Registered User, a non-exclusive access to the software for the purposes specified in these Terms and Conditions of Use. For the avoidance of doubt, this access may be terminated at any time in Our absolute and sole discretion. We will not be liable for any loss or damage that you may suffer as a consequence of such termination. Without limiting anything in any other rights or limitations in these Terms and Conditions of Use, for the avoidance of doubt the software tool is provided on 'as is' basis. We will not be responsible, whether in tort (including negligence), contract or otherwise for any breach whatsoever, so however caused. We do not warrant that the software tool is adequate for Your individual purposes. We do not guarantee that the Service will be provided nor do we guarantee its quality. We do not guarantee that 96k talkback will be provided and then discontinued or terminated at any time without notice for any reason whatsoever. We do provide automated back-up facilities upon the creation of Your community website but cannot be responsible for any loss or damage, including loss of data, whatsoever. (The whole system is backed up on a regular basis although it would be impossible to guarantee that we could restore everything that was on the site) What You Must Not Do In setting up and operating a community website using and linked to 96k talkback You must not: 1. Use the software tool or any part of the website for commercial business purposes; 2. Sell, lend or otherwise allow any other person to use the software tool who is not a registered user; 3. Create links with other websites, without obtaining the relevant permission or authority where required; 4. Notify, sell or otherwise inform any third party of the email addresses or other personal information for any commercial purposes whatsoever; 5. Send unsolicited emails, sometimes referred to as 'Spam', to any persons whatsoever; 6. Distribute any material on the website that: • infringes any intellectual property rights or is in breach of law, statute or regulation; • is defamatory, libellous, unlawfully threatening, harassing, obscene, pornographic or indecent; or • contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information. What You Must Do In setting up and operating a community website using and linked to 96k talkback You must: 1. Monitor for libellous or defamatory material and must remove any such material when You become aware of its existence; 2. Comply with all policies of 96k talkback in relation to race, health. 3. Insert in a prominent manner on Your 96k talkback website the following information: 96k talkback is no way responsible for any information provided on this site. Hosting of Website We will host Your website on Our servers until such time that we terminate the agreement. Without limiting any rights or obligations in these Terms and Conditions of Use: You will grant us a non-exclusive, royalty-free licence during the term of this agreement, to use, store and maintain the Content on a server for the purposes of providing the services in accordance with this agreement. We will have no liability for the contents of, any communications transmitted by virtue of the Services. You will dully indemnify Us from any breach by You whether it be contract, tort or otherwise, including any breach of any third party intellectual property rights. We provide no guarantee whatsoever as to quality of the service or whether a service will be provided at all. COPYRIGHT Material featured on 96k talkback that is subject to copyright protection will be indicated. The copyright protected material may be downloaded free of charge to file or printer without requiring specific permission. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context. Where this material is being issued to others, the source (including URL) and copyright status must be acknowledged. DISCLAIMER Without limiting any other provision in these Terms and Conditions of Use, 96k talkback and material relating to Government or Council information, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the material 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 represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of 96k talkback. Links contained in 96k talkback will lead to other websites not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. Links provided on 96k talkback are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of, and we accept no liability in respect of, the content. Although we may from time to time monitor or review discussions, chat, postings, transmissions, bulletin boards and the like on 96k talkback, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on 96k talkback. VIRUS PROTECTION We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material off 96k talkback. SUPPLY OF INFORMATION Any communication or information transmitted by you as a registered user (registered means personal information entered by you for security and registrations purpose) on 96k talkback by electronic mail or otherwise shall be treated as proprietary and confidential. Any communication or information transmitted by you as a user with general public access and/or anonymous access to 96k talkback by electronic mail or otherwise will be treated as non-proprietary and non-confidential. Anything transmitted by you may be used by us for any purpose, including, without limitation, broadcast, transmission, publication, reproduction, disclosure, posting and any other use whatsoever. The 96k talkback web server may automatically recognise the domain name and e-mail address (where possible) of users of our websites. We may collect the domain name and e-mail address of visitors to 96k talkback, the e-mail address of those who post messages to our bulletin boards, the e-mail addresses of those who communicate with us via e-mail, e-mail addresses of those who make postings to 96k talkback areas, aggregate information on what pages users access or visit and information volunteered by the user, such as survey information and/or site registrations. Information collected by us is used for internal review, used to improve the content of 96k talkback, used to customise the content and/or layout of 96k talkback for each individual user, used to notify users about updates to 96k talkback, used by 96k talkback to contact users for marketing purposes and will not be shared with other organisations for commercial purposes. TERMINATION Your authorisation to use 96k talkback automatically terminates without notice if, at our sole discretion, you fail to comply with any of the Terms and Conditions. On termination, you must cease all use of 96k talkback and destroy all and any materials copied directly or indirectly from 96k talkback. This does not limit our right to terminate at any time for any reason whatsoever. GENERAL ‘Views or comments expressed on this site are those of the individuals or persons concerned, they do not represent the views of the 96k Project or Community Connections or any of its employees, trustees, staff or volunteers, nor do we endorse any individual views or comments made by third parties on this site. Views or comments made on this site should be expressed in line with our terms and conditions as detailed above’. These Terms and Conditions are governed and construed in accordance with English Law. If any provision of the foregoing is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.