A. INCORPORATION INTO THE AGREEMENT
1.2 Together, the above documents set out a context for the use by the user of websites owned and maintained by Sandwell Council in so far as it extends to (as indicated by the policies in question) what is and is not acceptable use of the website, our commitment to privacy of user information, our ability to manage content which is not appropriate and, ultimately, a disclaimer which is applicable. B.
1. General 1.1 This acceptable use policy sets out the terms between us under which you may access our main website and associated websites (“our sites”). This acceptable use policy applies to all users of, and visitors to, our sites.
1.2 www.justyouth.org.uk and derivative sites which may be established are sites operated by Sandwell Metropolitan Borough Council (“we” or “us”).
1.3 We are The Borough Council of Sandwell (known as Sandwell Metropolitan Borough Council).
1.4 Your use of any of our sites means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our General Terms and Conditions as referred to in Section A, Clause 1.3. 2.
2.1 You may use our sites only for lawful purposes. You may not use our sites:
2.1.1 In any way that breaches any applicable local, national or international law or regulation;
2.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 For the purpose of harming or attempting to harm minors in any way;
2.1.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
2.1.5 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
2.1.6 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.
2.2 You also agree:
2.2.1 Not to reproduce, duplicate, copy or re-sell any part of our sites in contravention of the provisions of the Agreement;
2.2.2 Not to access without authority, interfere with, damage or disrupt: a) any part of our sites; b) any equipment or network on which our sites is stored; c) any software used in the provision of our sites; or d) any equipment or network or software owned or used by any third party.
3.1 We may from time to time provide interactive services on our sites (“interactive services”), which may include, without limitation: a) Bulletin boards; b) Message boards; c) User Forums.
3.2 Where we do provide any interactive services, we will provide clear information to you about the kind of service offered, and what form of control is used.
3.3 We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
3.5 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian.
3.6 We advise parents/guardians who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.7 Where we do moderate an interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.1 These content standards apply to any and all material which you contribute to our sites (“Content”), and to any interactive services associated with it.
4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3 Content must:
4.3.1 Be accurate (where they state facts);
4.3.2 Be genuinely held (where they state opinions); and
4.3.3 Comply with applicable law in the UK and in any country from which they are posted;
4.4 Content must not:
4.4.1 Contain any material which is defamatory of any person;
4.4.2 Contain any material which is obscene, offensive, hateful or inflammatory;
4.4.3 Promote sexually explicit material;
4.4.4 Promote violence;
4.4.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4.6 Infringe any copyright, database right or trade mark or other protected right of any other person;
4.4.7 Be likely to deceive any person;
4.4.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.4.9 Promote any illegal activity; 4.4.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
4.4.11 Be likely to harass, upset, embarrass, alarm or annoy any other person;
4.4.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
4.4.13 Give the impression that they emanate from us, if this is not the case; or
4.4.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5.1 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of any our sites. When a breach of this policy has occurred, we may take such action, as we deem appropriate.
5.2 Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of the Agreement upon which you are permitted to use our sites.
5.3 Notwithstanding any remedy which may be available to us under the Agreement, by statute or under common law, we may take all or any of the following actions:
5.3.1 Immediate, temporary or permanent withdrawal of your right to use our sites;
5.3.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our sites;
5.3.3 Issue of a warning to you;
5.3.4 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 the breach;
5.3.5 Further legal action against you; and
5.3.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.4 We exclude all liability for any losses you may incur as a result of any action we may take in response to breaches of this Acceptable Use Policy.
5.5 The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6. Changes to the Acceptable Use Policy
6.1 We may revise this acceptable use policy at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our sites.
1. We give no warranty or other assurance as to the operation, quality or functionality of any of our sites. Your access to any of our sites may be interrupted, restricted or delayed for any reason.
2. To the full extent permissible by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use any of our sites or any material appearing on them or from any action or decision taken as a result of your using any of our sites or using or relying on any material appearing on any of them.
4. Our sites contains links to external sites, either through identifiable hot links or through accessing event organisers sites through their material which will contain a hidden link to their home page or other site controlled by them.
5. We are not responsible for and have no control over the content of such sites. Information on any of our sites or via hypertext link from them to other sites is made available without responsibility on our part.
6. We further disclaim all responsibility and liability (including for negligence) in relation to information on or accessible from any of our sites.
7. Our advertiser clients are responsible for ensuring that material submitted for inclusion on any of our sites complies with all relevant laws and regulations.
8. Accordingly, although we encourage event organisers to ensure that their material is accurate in accordance with the Content Standards, set out above, we do not accept responsibility for any error, omission or inaccuracy in such advertising material.
9. We do not exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees nor for fraudulent misrepresentation.
10. Nothing in any terms proffered by us shall affect your statutory rights as a Consumer.
1. Protecting your privacy
1.1 We are committed to protecting your privacy and maintaining the security of any personal information received from you.
1.2 We strictly adhere to the requirements of the data protection legislation in the UK and endeavour to ensure that the information that you submit to us remains private, and that it is used only for the purposes described below.
2.1 When you register with us, use certain of our products or services via our sites, visit any of our web pages, and when you engage in any Interactive Services (such as using search functions, message boards or entering competitions) our computer systems will store small pieces of information which is divulged as a by-product of that contact by your own computer.
2.2 Every computer on the internet has an internet protocol (IP) address which is a unique number by which it can be identified. This gives no personal information about you but it does act as a sort of virtual fingerprint for your computer. This, together with other information also automatically produced by your computer as a by-product of contacting other computers, is known when stored by our computer system as a Cookie.
2.3 It is possible for you to set your computer to prevent Cookies being generated. You are free to do this at any time and doing so will not affect the relationship we have in any contractual or legal way.
2.4 However, the advantage to you of permitting Cookies to arise is that it is easier for us to identify you as soon as you log on. As above, our system will recognise your computer’s fingerprint and fast-track you through the security process to allow you to use the relevant site. If you do not permit us to use a Cookie to identify you, you will have to go through the full log-in procedure each time you visit any of our sites to which you may have registered.
2.5 Not permitting Cookies to be used may also make it harder for us to allow you easy access to any personalised areas of our sites where you may have stored personal data or specific requirements you have or business sectors in which you operate or are interested in.
3.1 We gather general information about users (outside the information referred to in the section on Cookies), for example, what services users access the most and which areas of our sites are most frequently visited. Such data is used in the aggregate to help us to understand how each of our sites is used.
3.2 We gather this information so that we can continue to improve and develop our services to benefit of our users. We may make this aggregated information available to our commercial partners, to our advertiser clients and also to auditors.
3.3 These statistics are anonymous and contain no personal information and cannot be used as a means to gather such information.
4. Disclosure of Personal Information
4.1 We do not collect personal information about yourself and individual visits to any of our sites.
4.2 Sandwell Council can only confirm its own position in relation to your personal information and cannot be responsible for the information that the client receives in these or similar circumstances.