The services may include, but are not limited to, the provision of an online platform where upon Partner generated content (‘PGC’) can be uploaded and posted including text, articles, images, graphics, photos, stories, audio, video, software, audiovisual combinations as well as interactive features (including file-sharing facilities and/ or competitions and prize draws) and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for use by You, Silicon Junction and for sharing with others to the extent permitted (all together the ‘Interactive Services’).
You should read the Licence carefully and ensure that You understand the effect before proceeding to use the Site and/ or the Interactive Services. If You disagree with any part of the Licence, do not use the Site for the purpose of the Interactive Services. If You violate the Licence, Silicon Junction may terminate Your use of the Site, bar You from future use of the Site, and/or take appropriate legal action against You. Silicon Junction reserves the right to change the terms of this Licence at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that Silicon Junction will treat Your use of the Site and/ or the Interactive Services as acceptance of the terms of this Licence going forward including Your continued use subsequent to any changes being posted on the Site.
1.1 When using the Interactive Services, if You publish any PGC via the Interactive Services by way of e.g. uploading images or contributing stories on publicly accessible areas of the Site, You automatically grant:
- to Silicon Junction, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that PGC in connection with the provision of the Interactive Services and otherwise in connection with the provision of the Interactive Services and Silicon Junction's continued promotion of the community network, including without limitation for promoting and redistributing part or all of the Interactive Services (and derivative works thereof) in any media formats and through any media channels (including Facebook, Twitter and any other interactive social media channels);
- to each User of the Interactive Services, a worldwide, non-exclusive, royalty-free license to access Your PGC through the Interactive Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such PGC to the extent permitted by the functionality of the Interactive Services and under the terms of this Licence.
"Publicly accessible" areas of the Site are intended by Silicon Junction to be available to the general public i.e. including a non-registered User.
1.2 1.2 Unless terminated (or suspended) for reasons such as those set out in paragraph 15 or unless Silicon Junction is no longer providing the Interactive Services to You, the above Licence granted by You terminates within a reasonable time of when You stop using the Interactive Services or when You send a request for all of Your PGC posted on the Site to be removed and deleted (unless your PGC has been shared with others, and they have not deleted it). The above Licences granted by You relating to ‘text’ (as opposed to images) that You submit as PGC are perpetual and irrevocable, but are otherwise without prejudice to Your ownership rights. Silicon Junction does not claim ownership of the PGC You submit or make available for inclusion on the Site.
1.4 Silicon Junction does not guarantee any confidentiality with respect to PGC and You understand and agree that You are solely responsible for Your own PGC and the consequences of submitting it to be posted and published on the Site. You retain all of Your ownership rights in Your PGC but You grant to Silicon Junction (and other Users) the limited Licences set out in paragraph 1.1 (a) and (b).
1.5 1.5 As between You and Silicon Junction (and third parties with whom You might share Your PGC), You assert and waive any and all moral rights in Your PGC.
2. SILICON JUNCTION’S CONTENT ON THE SITE
With the exception of PGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either owned by or licensed to Silicon Junction (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of Silicon Junction and Silicon Junction’s licensors. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Silicon Junction or, where applicable, Silicon Junction's licensors. Silicon Junction and its’ licensors reserve all rights not expressly granted in and to their Content. Whatever be the source of the Content displayed on the Site, this may not represent the views and opinions of the administrators of the Site save for Content which is owned by Silicon Junction. You acknowledge that Silicon Junction does not purport to monitor the PGC or other Content on the Site and shall be entitled to remove or refuse to publish anything where it reasonably suspects such PGC or Content to constitute content that is unacceptable i.e. meaning any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libelous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the intellectual property rights of a third party; and/or (d) is a Virus (‘Unacceptable Content’).
We will terminate the privileges of any Silicon Junction Partner who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, Silicon Junction Partners who submit PGC to this Site must ensure that the PGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the Silicon Junction Partner that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing Silicon Junction Partner’s rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a Silicon Junction Partner's rights to use or access the Site prior to that time if We believe that the alleged infringement has occurred.
4.1 Where You are asked to provide (or to complete) Silicon Junction registration form details, the personal details that You provide must be true, accurate and complete.
4.3 You will not create additional accounts for the purpose of abusing the functionality of the Site or other Users or for any other reason in breach of the terms of this Licence.
You agree to provide true and accurate information when using the Site. You may NOT use another person's email address, account details or the name of another individual when using this Site and agree to notify Silicon Junction immediately of any unauthorised use of Your email or any other breach of security. Although Silicon Junction cannot monitor the conduct of Users off the Site, it is a violation to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.
6.PERMITTED USE OF THE SITE
You may view Site pages, download Site pages for caching purposes only, and print Site pages (excluding Site images). You agree that, unless otherwise authorised by us, You are only authorised to visit, view and to retain a copy of pages of this Site for Your own personal non-commercial use.
7.GENERAL RESTRICTIONS ON USE
Silicon Junction grants You permission to access and use the Site and the Interactive Services subject to the following express conditions, and You agree that Your failure to adhere to any of these conditions shall constitute a breach of this Licence on Your part. You agree:
- not to sell, license, rent, distribute or otherwise exploit any PGC or Content for any other purposes without the prior written consent of Silicon Junction or the respective licensors of the PGC or the Content;
- not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Interactive Services, including but not limited to any PGC or Content, in any medium without Silicon Junction's prior written authorisation, unless Silicon Junction makes available the means for such activity through functionality offered by the Interactive Services;
- not to alter or modify any part of the Site or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- not to access PGC or Content through any technology or means other than the Site itself or such other means as Silicon Junction may explicitly designate for this purpose;
- not to access or attempt to access the accounts of other Silicon Junction Partners or penetrate or attempt to penetrate Silicon Junction’s security measures;
- not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Interactive Services or features that (i) prevent or restrict use or copying of PGC or Content; or, (ii) enforce limitations on the use of the Interactive Services or the PGC or Content accessible via the Service.
- not to use any area of the Site or the Interactive Services for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Interactive Services. We reserve the right to block access to this Site with respect to any person who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching the terms of this Licence, or infringing Silicon Junction’s rights.
- not to use the Site to 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;
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any User of the Site or the Interactive Services;
The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any PGC to the Site that:
- is patently offensive to the online community, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; and,
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
9.PRIVACY AND CONFIDENTIALITY
10.AVAILABILITY AND SECURITY OF THE SITE
10.1 Silicon Junction does not warrant the validity and accuracy of information on the Site or the Interactive Services or that the Site is kept up-to-date. The Site and its content and the Interactive Services are delivered on an "as-is" and "as-available" basis. Silicon Junction shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, Silicon Junction does not represent or warrant to You that:
- Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any content, search or link on it;
- Your use of the Interactive Services will meet Your requirements;
- any information obtained or downloaded by You as a result of Your use of the Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;
- Your shared PGC will not be used by a third party in various ways;
- there will not be any defects in the operation or functionality of any software provided to You as part of the Interactive Services; and,
- those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.
11.HYPERLINKS AND SEARCH RESULTS
The Site may contain hyperlinks or produce search results that reference or link to third party websites throughout the World Wide Web. These are provided for Your ease of reference only and Silicon Junction does not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the websites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another website, You agree and understand that You may not make any claim against Silicon Junction for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. Silicon Junction advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.
12.SUSPENSION AND TERMINATION
12.1 You acknowledge that Silicon Junction has no obligation to monitor any PGC or other Content provided to the Site. You further understand and agree that in Silicon Junction's sole discretion, and without prior notice, Silicon Junction may terminate its Licence with You and may therefore choose to suspend or terminate Your access to the Site and the Interactive Services at any time or exercise any other remedy available and modify or delete any unauthorised PGC or Unacceptable Content, if Silicon Junction believes that that what You have provided has violated or is inconsistent with this Licence or violated the rights of Silicon Junction or another Silicon Junction Partner. Notwithstanding this, You are solely responsible for and bear the legal risk associated with such PGC anywhere in the world.
12.2 Silicon Junction may release information about You if required by law or subpoena, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.
12.3 You agree that monetary damages may not provide a sufficient remedy to Silicon Junction for violations of this Licence and You consent to injunctive or other equitable relief for such violations.
12.4 You acknowledge and agree that to improve the Site and/ or the Interactive Services, Silicon Junction may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You or to Users generally at Silicon Junction's sole discretion, without prior notice.
13.WARRANTIES FROM LICENSOR
13.1 You represent and warrant that:
- You have (and will continue to have whilst the PGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable Silicon Junction to use Your PGC in the manner contemplated by the terms of this Licence;
- You are happy to share Your PGC with other third parties who access and/ or register on the Site and for Your PGC to be made available on other social media sites;
- You will not post nor upload any PGC which contains material which is unlawful for You to possess, or which it would be unlawful for Silicon Junction to use or possess in connection with the provision of the Interactive Services;
- You are the creator of any original PGC that You create and share with other Users;
- the PGC that You submit to the Interactive Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Silicon Junction the licence referred to in paragraph 1 above;
- You will comply in particular at all times with paragraphs 5, 7, 8 and 9 of this Licence relating to Conduct, General Restrictions on Use, Prohibited Content and Privacy and Confidentiality; and,
- You will keep Your password or Silicon Junction account details secure and confidential.
14.1 You agree that You are solely responsible for any breach of Your obligations under the Licence and for the consequences of any such breach.
14.2 You agree to indemnify and hold Silicon Junction harmless from any loss, liability, claim or demand, including reasonable legal fees, incurred by or asserted against Silicon Junction, arising out of or in connection with:
- any breach of the terms of this Licence or breach of warranty by You or by Your acts or omissions;
- any breach by a third party arising out of Your use of the Site and/ or the Interactive Services or by Your acts or omissions, including also Your use of the Site and/ or the Interactive Services to provide a link to another website or to upload PGC or other information to the Site (unless You have a formal licence or permission from the rightful copyright owner, or are otherwise legally entitled, to post the PCG in question and to grant Silicon Junction the Licence); and,
- any breach resulting from Your non-authorised use, creation (and modification) of any PGC on or off the Site.
15.1 Nothing in this paragraph 15 shall exclude or restrict Silicon Junction’s liability for:
- fraudulent misrepresentations;
- any liability where the law does not permit such exclusion of liability; and,
- death or personal injury arising from negligence.
15.2 Silicon Junction shall not be in breach of any of its obligations under this Licence which arises or occurs due to the act, omission, default of You or Your failure to comply with any of Your obligations under this Licence.
15.3 Subject to paragraph 15.5, Silicon Junction shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation suffered by You arising from Your use of the Site and/ or the Interactive Services or, any loss or damage which may be incurred by You as a result of:
- any breach by You of this Licence or breach of warranty by You or the acts or omissions of You including Your use of or inability to use the Site and/ or the Interactive Services in accordance with the terms of this Licence;
- any reliance placed by You on the completeness, accuracy or existence of any advertising;
- any changes which Silicon Junction may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);
- the deletion of, corruption of, or failure to store, any PGC and other communications data maintained or transmitted by or through Your use of the Interactive Services;
- the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources; and
- the acts, omissions and conduct of any third parties in connection with or otherwise related to Your use of the Site and/ or the Interactive Services.
15.4 The limitations on Silicon Junction’s liability to You in this paragraph 15 shall apply whether or not Silicon Junction has been advised of, or should have been aware of, the possibility of any such losses arising.
15.5 Except as expressly set out in this Licence, Silicon Junction gives no warranties and excludes all other express or implied terms, conditions and warranties including also any implied warranties of merchantability and fitness for a particular purpose to the fullest extent permitted by law.
16. ENTIRE AGREEMENT/ SEVERABILITY
This Licence shall be personal to You and You may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Silicon Junction’s prior written consent. Silicon Junction reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as Silicon Junction or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.
18. NO WAIVER
Failure by either Silicon Junction or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
19. THIRD PARTY RIGHTS
You may enforce the terms of this Licence in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, this Licence does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
20. LAW AND JURISDICTION
All of the terms in this Licence are governed by English Law and any disputes arising in relation to this Licence and/or the Site are subject to the exclusive jurisdiction of the English Courts.