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TERMS OF USE
IMPORTANT PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF
THIS WEBSITE AND BY ACCESSING THIS WEBSITE AND PARTICIPATING IN
ONLINE SURVEYS, USING THE ONLINE DIALOGUE FACILITY, CONTENT AND
OTHER SERVICES ("SERVICES") YOU AGREE TO BE BOUND BY THESE
TERMS OF USE.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT ACCESS OR
USE THIS WEBSITE AND THE SERVICES PROVIDED.
1 Definitions
In these Terms of Use unless inconsistent with the context or otherwise
specified the following definitions will apply to words and expressions:
"Services" means the content and services
provided via this Website including but not limited to online conversations;
"Terms of Use" means these terms and
conditions and any additional terms and conditions or disclaimers
with reference to or displayed on the Website whether by hypertext
link or otherwise;
"We/us" means Planetary Tribe Limited,
First Floor, 28 Brunswick Square, Brighton and Hove. BN3 1EJ;
"Website" means this "the Big conversation"
website located at http://www.thebigconversation.org
or any subsequent URL used by us from time to time;
"You" means the person accessing and
using this Website and the legal entity you represent during the
course of employment or engagement by that entity.
2 "the BIG conversation" Services
2.1 By accessing or using the Services You agree to be legally bound
by these Terms of Use. By clicking and acknowledging that You agree
to these Terms of Use on the Website You confirm that You accept
these Terms of Use.
2.2 We reserve the right to amend these Terms of Use at any time.
Amendments will take effect when posted on the Website. It is your
responsibility to read the Terms of Use before using the Services.
The date of the Terms of Use is stated at the top of the Terms of
Use posted on the Website.
2.3 The Services and this Website are subject to availability.
2.4 We reserve the right to withdraw any Services from this Website
and to edit or remove any information or content on the Website
at any time.
2.5 Due to the nature of the Internet, You acknowledge that You
may not be able to access the Website and the Website or the Services
may not be available at all times.
3 User Conduct
3.1 The conversation areas of the Website may not be used by You
for commercial purposes.
3.2 You are solely responsible for interactions with other users
of the Services.
3.3 You agree not to use or permit another to use the Website or
Services:
(a) to upload or post or transmit or otherwise make available any
content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of another's
privacy, infringes a third party's intellectual property rights,
hateful, or racially, ethnically or otherwise considered by us in
our absolute discretion to be objectionable or unlawful;
(b) to upload, post or email any unsolicited or unauthorised advertising,
promotional materials, 'spam' or any other form of solicitation;
(c) to cause or introduce a software virus or other disruptive program;
(d) in any way that is not authorised by us or is in breach of the
Terms of Use;
(e) in a manner that negatively affects other users' ability to
engage in online conversations;
(f) in any way that is in breach of or violates applicable national
or international laws or regulations.
3.4 You acknowledge that we do not pre-screen content and that content
publicly or privately transmitted or posted on or via the Website
by You or other users of the Website is the sole responsibility
of the person from which the content originated. We do not guarantee
the accuracy, integrity or quality of such content.
3.5 Without prejudice to any other rights, We reserve the right
in our discretion to suspend the provision of all or any part of
the Service and/or modify, block or remove any postings or content
if We have reason to believe that such material is in violation
of the Terms of Use.
4 Modifications and Variations
4.1 We reserve the right to:
(a) modify or withdraw this Website, the Services (or any part)
at any time without notice; and/or
(b) amend or change the Terms of Use from time to time.
4.2 It is your responsibility to read the Terms of Use when accessing
the Website or before using or participating in the Services.
5 Intellectual Property Rights
5.1 You are granted a limited licence to access and use this Website
solely for your own internal purposes. All contents of this Website
including, but not limited to, the text, graphics, links and sounds
are owned by us or our third party licensors and may not be copied,
downloaded, distributed or published in any way without our prior
written consent, except that You may print, copy, download or temporarily
store extracts for your personal information or when You use the
Services.
5.2 You are not permitted to use any trademarks or service marks
whether registered or unregistered of "the BIG conversation",
Planetary Tribe or any other marks available on the Website without
our prior written consent. You may not frame or utilise framing
techniques that include any proprietary information such as images,
text or page layout without our prior written consent. You may not
use any "metatags" or any other type of hidden text that
uses any trade marks or service marks without our prior written
consent.
5.3 You agree not to copy, modify, download (other than page caching),
store or sell any part of this Website without our prior written
consent.
5.4 Any content available on this Website, including but not limited
to any surveys or conversations, may not be disclosed, reproduced,
copied, sold, used or exploited for any commercial purpose other
than for participating in Services via this Website.
5.5 In relation to any information, materials or other content that
You upload, submit to us or post via this Website, You grant us
a world-wide, non-exclusive, royalty-free, perpetual, irrevocable
and fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, such information,
ideas, know-how, concepts, techniques and materials (in whole or
part) for any purpose, including without limitation, copying, transmission,
distribution, publication or incorporating such content in other
works in any form, media or technology now known or developed unless
restricted by applicable law.
5.6 You represent and warrant that You own or otherwise control
all of the intellectual property rights and information, materials
or other content that You upload, submit to us or post via this
Website.
6 Complaints
6.1 Please email us at info@thebigconversation.org immediately if
You:
(a) are offended by any content on the Website;
(b) witness breaches of our Terms of Use in the conversation areas
or any other areas of the Website.
6.2 We reserve the right to take whatever action we deem necessary
to prevent breaches of these Terms of Use.
7 Data Protection and Privacy
7.1 You agree that any and all personal information and data collected
from You via this Website or as part of the Services from time to
time may be used in accordance with our current Privacy Statement.
7.2 You warrant that the personal information You provide to us
is true, accurate and complete in all respects and You will notify
us immediately if there is any change in the personal information
that You have supplied to us.
7.3 You agree that You will not collect, store or use personal data
about other users of the Website.
8 LIABILITY
8.1 WE MAKE EVERY REASONABLE EFFORT TO PROVIDE ACCURATE, COMPLETE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THE WEBSITE
AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND
EXPRESS OR IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE
WEBSITE OR SERVICES.
8.2 USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE
RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE
ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
8.3 WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND
REPRESENTATIONS (EXCLUDING FRAUDULENT MISREPRESENTATION) OF ANY
KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH
THE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
8.4 DUE TO THE NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT
ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT ANY E-MAILS
OR OTHER ELECTRONIC TRANSMISSIONS WILL BE SENT TO YOU OR RECEIVED
BY US OR THAT THE CONTENT OF SUCH TRANSMISSIONS WILL BE SECURE DURING
TRANSMISSION.
8.5 ANY SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE
SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR
ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT
OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS
OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THIS WEBSITE.
WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM
SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE
PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.
8.6 ANY HYPERLINKS TO THIRD PARTY SITES PROVIDED VIA THIS WEBSITE
EXIST FOR INFORMATION PURPOSES AND YOUR CONVENIENCE ONLY AND WE
DO NOT ENDORSE THE CONTENT OF SUCH SITES. WE ARE UNABLE TO ACCEPT
ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY
FROM THE CONTENT OF SUCH SITES OVER WHICH WE HAVE NO CONTROL.
9 Indemnity
You agree to indemnify and keep us indemnified and defend us, our
officers, agents, employees and contractors immediately upon demand
from and against all actions, liability, claims, direct or indirect,
losses, damages, costs and expenses (including legal fees) We incur
arising directly or indirectly from any third party claim against
us, our officers, agents, employees and contractors as a result
of your breach of these Terms of Use.
10 General Information
10.1 You may not use any part of the Website or its content on any
other website or link to the Website without our prior written consent.
10.2 We reserve the right to transfer or assign all or any of our
rights and duties and responsibilities set out in these Terms of
Use to another party.
10.3 Headings have been included for convenience only and will not
be used in construing any provision of these Terms of Use.
10.4 No delay or failure by us to exercise any powers, rights or
remedies under these Terms of Use will operate as a waiver of them
nor will any single or partial exercise of any such powers, rights
or remedies include any other or further exercise of them.
10.5 If any part of the Terms of Use is found by a court of competent
jurisdiction or other competent authority to be invalid, unlawful
or unenforceable then such part shall be severed from the remainder
of these Terms of Use which will continue to be valid and enforceable
to the fullest extent permitted by applicable law.
10.6 To the extent permitted by applicable law, these Terms of Use
will be construed in accordance with and governed by the laws of
England and each party agrees to submit to the exclusive jurisdiction
of the courts of England.
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