Terms and Conditions
Norfolk campaign: Site registration and usage
1. ACCEPTANCE OF TERMS
Welcome to World Class Norfolk.
World Class Norfolk provides its services to you, subject to the following Terms of Service (TOS).
"Content" has the meaning given in clause 8.
"World Class Norfolk" means the marketing operation undertaken on behalf of Norfolk County Council by The Point (UK) Ltd and Tribe.
"Registration Data" has the meaning given in clause 5.
"Rules" has the meaning given in clause 8.
"Services" means the collection of on-line resources and functions provided by World Class Norfolk.
"Software" has the meaning given in clause 20.
"TOS" means Terms of Service
"Terms of Service" means these terms and conditions.
"we" means World Class Norfolk.
"you" means the individual using the Services.
These TOS may be updated by World Class Norfolk from time to time without notice to you. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these TOS may also be superseded by provisions or notices published elsewhere on our site.
2. INFORMATION ABOUT US
www.worldclassnorfolk.com is a site operated by The Point (UK) Limited, registered in England number 3511291, whose registered office is at: 4 Woolgate Court, St Benedict’s Street, Norwich, NR2 4AP, England.
3. ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
4. DESCRIPTION OF SERVICE
World Class Norfolk provides users with access to a collection of on-line resources, including forums and images. Unless stated otherwise, any new features that are added are automatically subject to these TOS. You acknowledge and agree that the Services are provided "as is" and that World Class Norfolk assumes no responsibility for the timeliness, deletion, missed delivery or failure to store any user communications or personalisation settings.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In summary you are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these TOS, and that they comply with them.
5. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
You agree that when using the Services provided by World Class Norfolk that you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or World Class Norfolk has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, World Class Norfolk has the right to suspend or terminate your account and refuse any and all current or future use of the Services (in whole or in part).
World Class Norfolk is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, you accept that they will be able to access all of the Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is not appropriate for your child. Children who are using this site and the Services should be made aware of the potential risks to them and their obligation to comply with the Rules when using our site and Services.
Under the Data Protection Act 1998, we have a legal duty to protect any information we collect from you. We do not pass on your details to any third party unless you give us permission or World Class Norfolk is legally obliged to do so or it is for the prevention or detection of crime or fraud.
If you are a user with general public and anonymous access the World Class Norfolk website does not store or capture personal information, but merely logs the user's IP address that is automatically recognised by the web server.
We collect information from visitors to the World Class Norfolk only if and when you register.
Log files allow us to record visitors' use of the site. We put together log file information from all our visitors, which we use to make changes to the layout of the site and to the information in it, based on the way that visitors move around it. Log files do not contain any personal information or information about which other sites you have visited.
We do not pass on any personal information you have given us to any other site.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify World Class Norfolk of any unauthorised use of your password or account and any other breach of security; and (b) ensure that you exit from your account at the end of each session. World Class Norfolk cannot and will not be liable for any loss or damage arising from your failure to comply with this.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these TOS.
8. MEMBER CONDUCT
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the Content standards set out in these TOS. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
You acknowledge that all information, data, text, photographs, graphics, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you and not World Class Norfolk are entirely responsible for all Content that you upload or post via the Services. World Class Norfolk does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will World Class Norfolk be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
Any Content you upload to our site 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 site constitutes a breach of their intellectual property rights, or of their right to privacy.
You agree to not use our site or the Services to:
Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
Harm children in any way
Impersonate any person or entity, including, a World Class Norfolk member of staff, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services
Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Upload post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
Harass another member; or extract, collect, process, combine or store personal data about other users
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual
Advocate, promote, or incite any third party to commit, or assist any unlawful or criminal act
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
(Collectively referred to as the "Rules") You acknowledge that World Class Norfolk has no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude our liability for any loss or damage arising from the use of the Services by any person in contravention of the Rules.
World Class Norfolk and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that breaches these TOS or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party rights. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that World Class Norfolk may access, preserve, and disclose your account information and Content:
for the purpose of properly administering your account in accordance with the standard operating procedures of World Class Norfolk; and if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce these TOS;
respond to claims that any Content violates the rights of third-parties;
respond to your requests for customer service; or
protect the rights, property, or personal safety of World Class Norfolk, its users and the public.
9. BREACH OF THE RULES
When we consider that a breach of the Rules has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply with these Rules constitutes a material breach of these TOS, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Services
Immediate, temporary or permanent removal of any Content already posted
Issue of a warning to you
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
Further legal action against you
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
10. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11. SPECIAL TERMS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. When you are on any international World Class Norfolk property, you are bound by these TOS and applicable laws governing that World Class Norfolk property.
12. PUBLIC CONTENT POSTED TO WORLD CLASS NORFOLK
For purposes of these TOS, "publicly accessible areas" of our site are those accessible by the general public. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services, and that under no circumstances will World Class Norfolk be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely. World Class Norfolk reserves the right to publish all or parts of photographic Content submitted. World Class Norfolk reserves the right to edit this Content at its discretion for use. You will retain copyright in your submitted Content; however, by posting photographs, you give World Class Norfolk a worldwide royalty free perpetual licence to edit, publish and use all or segments of Content in any and all media (including print and online) for publicity and news purposes. In particular, you license World Class Norfolk the right to use the images on www.worldclassnorfolk.com, online and in print. In accordance with the Rules, you must ensure that your Content does not infringe any copyright, database right or trade mark of any other person. By submitting your Content, you are warranting that you have the right to grant World Class Norfolk the above licence. If you are not in a position to grant such a licence to World Class Norfolk, please do not submit the Content.
You agree to indemnify and hold World Class Norfolk, The Point (UK) Limited and its employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your breach of these TOS, or your breach of any rights of a third party.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that World Class Norfolk may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that forum postings or other uploaded Content will be retained by our site, the maximum disk space that will be allotted on World Class Norfolk servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that World Class Norfolk has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that World Class Norfolk reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. MODIFICATIONS TO SERVICE
World Class Norfolk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice. You agree that World Class Norfolk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that World Class Norfolk in its sole discretion, may terminate your password, account (or any part of your account) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, if World Class Norfolk believes that you have breached or acted inconsistently with the letter or spirit of these TOS. World Class Norfolk may also in its sole discretion and at any time discontinue providing the Services (in whole or in part), with or without notice. You agree that any termination of your access to the Services under any provision of these TOS may be effected without prior notice, and acknowledge and agree that World Class Norfolk may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that World Class Norfolk shall not be liable to you or any third-party for any termination of your access to the Services.
18. LINKS FROM OUR SITES
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because World Class Norfolk has no control over such sites and resources, you acknowledge and agree that World Class Norfolk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that World Class Norfolk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
19. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the Content standards set out in these TOS. If you wish to make any use of material on our site other than that set out above, please address your request to: firstname.lastname@example.org.
20. WORLD CLASS NORFOLK'S PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Services and the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by World Class Norfolk, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
You agree not to access the Service by any means other than through the interface that is provided by World Class Norfolk for use in accessing the Services.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
21. LEGAL NOTICES
You expressly acknowledge and agree that:
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, World Class Norfolk, The Point (UK) Limited and third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right
World Class Norfolk makes no warranty or representation that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the Software will be corrected
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
No advice or information, whether oral or written, obtained by you from World Class Norfolk or through or from the Service shall create any warranty or other obligation not expressly stated in the these TOS.
22. LIMITATION OF LIABILITY
You expressly acknowledge and agree that World Class Norfolk and other members of our group of companies and third parties connected to us shall not be liable for:
Any direct, indirect, incidental, special, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if World Class Norfolk has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service; and
Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of these TOS must be filed within 1 year after such claim or cause of action arose.
23. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you generally on our site.
25. COPYRIGHTS AND COPYRIGHT AGENTS
World Class Norfolk respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please report the problem to email@example.com.
26. GENERAL INFORMATION
These TOS (including the Rules and other policies) constitute the entire agreement between you and World Class Norfolk and govern your use of the Services, superseding any prior agreements between you and World Class Norfolk. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
These TOS and any dispute or claim arising out of or in connection with them or 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.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these TOS in your country of residence or any other relevant country.
Any failure by World Class Norfolk to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.
Neither you nor World Class Norfolk may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that World Class Norfolk shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to The Point (UK) Limited.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
You agree that your World Class Norfolk account is non-transferable.
Any account that has not been used for a certain period of time may be terminated and all Contents related to that account may be deleted in line with the World Class Norfolk policy in force as at the current time.
Please report any breaches of these TOS by emailing: firstname.lastname@example.org.