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Terms of Use

Shaped By Us Terms of use

Please read these terms carefully before using this site.These terms of use govern your use of our website

 

(1) Introduction

Welcome to Shaped By Us. An online service operated by Science Environment Arts Ltd. These terms of use (together with the documents referred to in it) govern your use of www.shapedbyus.org; by using this website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use this website.

Our website uses cookies. You may decline the use of cookies when you visit our website, in doing so you consent to us creating a cookie to remember this choice. If you accept use of cookies you consent to our use of cookies in accordance with the terms of our Cookies Policy. Our terms of use must be read in conjunction with our Privacy Policy


(2) Licence to use website

Unless otherwise stated, we (Science Environment Arts Ltd), or our licensors listed below, own the intellectual property rights in the website and in the material published on the website.  Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out in these terms of use.

(3) Licensors 
(3a) Cornwall Council have been granted a licence to use and adapt the Shaped By Us website so that they may provide a platform from which local citizens and organisations can work together to solve issues that matter in communities across Cornwall and the Iles of Scilly. Cornwall.shapedbyus.co.uk 
Cornwall Council’s main trading address is at New County Hall, Treyew Road, Truro TR1 3AY.
Anyone registering on website from Cornwall & the Isles of Scilly agrees to sharing their data with Cornwall Council. Cornwall Council are registered with the Information Commissioner’s Office for data protection purposes and our data protection registration number is Z5464625.

(4) Prohibited uses
You must not:
(a)use our website to transmit or send unsolicited commercial communications.
(b)Use false information to register on the site
(c) republish material from this website (including republication on another website) except in relation to content that you have created or have been given express permission to republish.
(d) sell, rent or sub-license material from the website.
(e) show any material from the website in public except in relation to content that you have created or have been given express permission to show.
(f) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
(g) edit or otherwise modify any material on the website; except for content specifically and expressly made available to you for editing; or
(h) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our toolkits and downloadable resources).
Where content is specifically made available for redistribution, it may only be redistributed to achieve its intended purpose (ie: supporting groups to collaborate and tackle challenges facing their community).
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to knowingly copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(5) Acceptable uses 
Unregistered users may use the website to: 
• Browse and view issues and challenges set by other users
• Browse and view top level information (name, photo avatar, location) about other registered users
• Browse, view and download information, toolkits and guides
• Browse and view local data on the map

(6) Registered users
Access to certain areas of our website is restricted to registered users. In order to become a registered user, you must complete the online registration process that requires you to submit your first name, second name, a working email address. If you register as an organisation, you will be required to submit an organisation name. You will also be required to create a password, accept these terms of use and accept our privacy policy.
Upon registration you warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
Users will log in using their working email address and password to access the restricted areas of our website.  Registered users must keep their passwords confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person’s email address and password to access our website, unless you have that person’s express permission to do so.
We may disable email addresses and passwords, delete accounts, and delete any information associated with an account, in our sole discretion without notice or explanation.
Registered users may use the website to: 
• submit a local issue
• join a team
• set a challenge
• add ideas
• comment on ideas
• share information (in the form of text, images, videos and web links) 
• take part in ‘team talk’ discussions
• view other user profiles including skills and activity
• join a challenge team
• support a team
• pledge materials, time, skills and sponsorship.

(6a) Young people and safeguarding
We take childrens safety online very seriously. If you are under 16 years of age, you will be required to register via a different form. Once logged in, you will see issues and challenges being developed by other young people and /or registered young people facilitators.
Once registered, you will be able to request to join a challenge team and collaborate with team members. 

(6b) Young people facilitators
Registered Shaped By Us Young people facilitators will set challenges and support young people with their projects. Upon registration, you will be required to submit your Criminal Records Bureau number and other supporting information which will be checked and accepted by the local authority responsible in your area before you can begin to lead a challenge team.
Sea reserve the right to remove any issue, challenge or materials that have been uploaded to the website if they do not comply with the terms and conditions of use.

(7) User generated content
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
You warrant and represent that your user content will comply with these terms of use and you will be liable to us and indemnify us for any breach of that warranty.
Any user content which you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.  We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or their right to privacy.
Your user content (and its publication on our website) 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) Constitute negligent advice or contain any negligent statement;
(e) Constitute an incitement to commit a crime;
(f) Be in contempt of any court, or in breach of any court order;
(g) Be in breach of racial or religious hatred or discrimination legislation;
(h) Be blasphemous;
(i) Be in breach of official secrets legislation;
(j) Be in breach of any legal duty owed to a third party, such as a contractual duty of a duty of confidence;
(k) Depict violence in an explicit, graphic or gratuitous manner;
(l) Be pornographic 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, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(q) Cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be accurate (where it states facts), reflect a genuinely held belief (where it states opinion) and comply with applicable law in the UK and any county from which it is posted.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to remove any material submitted to our website, or stored on our servers, or hosted or published upon our website, if in our opinion the material does not comply with the standards set out in these terms of use.

Notwithstanding our rights under these terms of use in relation to user content, we are under no obligation to monitor the submission of such content to, or the publication of such content on, our website. We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these terms of use, whether the service is moderated or not.

(8) No reliance on information
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information except in accordance with our [terms of acceptance] for the submission of business services.
We make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

(9) Limitations and exclusions of liability
Nothing in these terms of use will: (a) limit or exclude our liability for death or personal injury resulting from negligence; (b) limit or exclude our liability for fraud or fraudulent misrepresentation; or (c) exclude or limit any other liability that cannot be excluded or limited by English law.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.
We shall not be liable to any user for any loss (including but not limited to any special, indirect or consequential loss or damage in respect of business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill) arising under or in connection with:
(a)     use of, or inability to use, our website; or
(b)    use of or reliance on any content displayed on our website.
For the avoidance of doubt, we will not be liable to you in respect of any loss or corruption of any data, database or software.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(10) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of or in connection with any breach by you of any provision of these terms of use.

(11) Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to the website;
(c) Permanently prohibit you from accessing the website;
(d) Block computers using your IP address from accessing the website;
(e) Contact your internet services provider and request that they block your access to the website;
(f) Bring court proceedings against you for breach of contract or otherwise;
(g) Suspend and/or delete your account with the website; and/or
(h) Delete any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

(12) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(13) Competitions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

(14) Variation
We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.
We may also make you aware of these changes by email.

(15) Law and jurisdiction
These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(16) Regulations and authorisation 
www.shapedbyus.org  is a site operated by Science Environment Arts Ltd (known as Sea Communications – the site developers).
Sea Communication’s main trading address is Unit 9, Jubilee Wharf, Commercial Road, Penryn, TR10 8FG
Sea Communications are registered with the Information Commissioner’s Office for data protection purposes and our data protection registration number is 00040188079

(17) Any questions?
All questions, comments or enquiries should be directed:
By email to hello@shapedbyus.co.uk or
By post to: The Shaped By Us team, Sea Communications, Unit 9, Jubilee Wharf, Commercial Road, Penryn, Cornwall, TR10 8FG.
Please note, we may monitor, record, store and use any email or other communication with you for training purposes and to improve the quality of our customer service.




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