NEWHAM FAMILY TREE
TERMS AND CONDITIONS
Last revised on: 12th May 2016
SummaryThe Newham Family Tree website is a celebration of the people and institutions of Newham, that have made a positive contribution to Newham or elsewhere, and/or challenged negative stereotypes. The stories which feature on The Family Tree are expected to reflect this definition.
The Family Tree Submissions which do not reflect the core purpose will not feature on the Family Tree. Any submissions which threaten to bring the charity into disrepute will not be accepted and the charity reserves the right to remove, reject, or edit submissions. To this end, contributors to the website must ensure that their submissions are not defamatory and do not infringe any law or person's rights. Stories submitted to the Family Tree must be factually accurate and/or be a genuinely held belief or opinion that is based on facts. Prior to submitting a story to The Family Tree, authors must have taken all possible care to ensure that the submitted material will not attract complaint. We intend to notify users whose submissions have been rejected.
The user reserves the right to terminate their account at any time, although any story submitted by the user will remain the property of The Family Tree.
Authors must provide original work. The charity will not accept any copied works or edited pieces. The author of an original work must submit the story themselves using a single account opened in their own name. Individuals are not allowed to submit stories on another individual’s behalf.
These Terms set forth the legally binding terms and conditions that govern your use of the Site and participation in the NFT project. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
1. ACCOUNTS1.1. Account Creation. In order to use certain features of the Site, such as contributing stories to the NFT and commenting on stories already posted, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Charity may suspend or terminate your Account in accordance with Section 8.
1.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Charity of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Charity cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SITE2.1. Licence. Subject to these Terms, Charity grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Site solely for your own personal, non- commercial use.
2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.3. Modification. Charity reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Charity will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4. No Support or Maintenance. You acknowledge and agree that Charity will have no obligation to provide you with any support or maintenance in connection with the Site.
2.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Charity or Charity’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Charity and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms. All comments posted on the Site remain the property of Link Up (UK) and we reserve the right to edit or remove posts without any prior contact with the author. The deletion of messages is at the discretion of the NFT Website Administrator.
3. USER CONTENT3.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site. User Content includes, but is not limited to, content in the user’s profile, postings created by the user and NFT Stories submitted for publication on the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Charity. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Charity is not obligated to backup any User Content, and your User Content may be deleted from the Site at any time without prior notice.
3.2. Stories. User Content expressly includes stories submitted to the NFT project (“Story”). Stories may only be submitted following the Site registration process and must comply with these Terms and the general Story requirements as provided on the Site at http://www.familytreeofnewham.org. Further to the above, all Stories are subject to the below licence requirements stipulated in clause 3.3 and the Acceptable Use Policy in clause 3.4. Authors of stories warrant and represent that no copyright is infringed in the creation or submission of their Story and that they have full authority to submit the Story for publication on the Site. [Author’s will be fully credited for writing the Story with their full name appearing alongside the publication on the Site.]
3.3. Licence. You hereby grant (and you represent and warrant that you have the right to grant) to Charity an irrevocable, exclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicences of the foregoing rights, solely for the purposes of including your User Content in the Site and other Family Tree projects as and when necessary. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.4. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.5. Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
3.6. Feedback. If you provide Charity with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Charity all rights in such Feedback and agree that Charity shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Charity will treat any Feedback you provide to Charity as non-confidential and non-proprietary. You agree that you will not submit to Charity any information or ideas that you consider to be confidential or proprietary.
4. INDEMNIFICATIONYou agree to indemnify Charity (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Charity reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Charity. Charity will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS & ADS; OTHER USERS5.1. Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Charity, and Charity is not responsible for any Third-Party Links & Ads. Charity provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2. Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Charity will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
5.3. Release. Subject to applicable law, you hereby release and forever discharge the Charity (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads) or User Content.
6. DISCLAIMERSThe Site is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Charity (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
7. LIMITATION ON LIABILITYTo the maximum extent permitted by law, and subject to the final paragraph in this Section 7, in no event shall Charity (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Charity has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions in this Section 7 shall apply to the maximum extent permitted by law, but Charity does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.
8. TERM AND TERMINATIONSubject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Charity will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.5, and Sections 3 to 9.
9. GENERAL9.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2. Electronic Communications. The communications between you and Charity use electronic means, whether you use the Site or send us emails, or whether Charity posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Charity in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Charity provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
9.3. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site.
9.4. Waiver. A waiver by Charity of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Charity and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
9.5. Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
9.6. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.7. Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Charity is that of an independent contractor, and neither party is an agent or partner of the other.
9.8. Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Charity’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Charity may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.9. Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non- contractual disputes or claims) of these Terms.
9.10. Copyright/Trademark Information. Copyright © 2015 Link Up (UK). All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.11. Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at: firstname.lastname@example.org