Terms of Use

Please ensure that you read these Terms of Use carefully before using www.keep-it-out.co.uk

1. Acceptance

   1. These Terms of Use shall apply to any use by you of www.keep-it-out.co.uk (“Website”).
   2. By accessing and using this Website you agree to be legally bound by these Terms of Use in full and without limitation. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE IN FULL DO NOT USE THIS WEBSITE.
   3. This Website is operated by Fresh (“we”, “us”, “our”, “ours”).
   4. Throughout the Website there may be additional rules or specific terms and conditions relating to specific areas or material contained in this Website, for example polls or petitions (“Special Conditions”). In the event of any inconsistency between these Terms of Use and the Special Conditions then the Special Conditions shall prevail.
   5. We may change these Terms of Use and any Special Conditions at any time by posting changes online and it is your responsibility to familiarise yourself with these Terms of Use and any Special Conditions each time you access this Website. For the avoidance of doubt your use of this Website after changes are posted shall constitute your acceptance of these Terms of Use and any Special Conditions as modified.
   6. You confirm by using this Website that you are at least 18 years old. If you are under 18 then please ensure you get your parent’s or guardian’s permission before using this Website.

2. General use

   1. You agree to use this Website for your own personal, non-commercial use, for lawful purposes only and in strict accordance with these Terms of Use.
   2. You agree not to use this Website in any way that infringes the rights of others or may restrict or inhibit the use and enjoyment of this Website by others.
   3. By way of illustration we consider the following as examples of prohibited behaviour:
      1. harassing or causing distress or inconvenience to any person;
      2. transmitting obscene or offensive content;
      3. disrupting the normal flow or dialogue within this Website;
      4. conduct which is defamatory;
      5. conduct that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
      6. conduct which may infringe the image, intellectual property, privacy or any other rights of others;
      7. conduct which may cause damage to the Website or our servers or systems;
      8. trying to access other users’ data or trying to circumvent security or technology measures on this Website.
   4. We reserve the right to suspend remove or discontinue any aspect, part or element of the Website at any time and the right to suspend or terminate your access to the Website or any part thereof should you be in breach of these Terms of Use.
   5. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you make.

3. Your user submissions & Community Rules

   1. Unless otherwise agreed you retain ownership rights to any contribution you make on this Website.
   2. By submitting a contribution to this Website (including without limitation any text, photographs, graphics, video or audio) you agree to grant to us a perpetual, royalty-free, non-exclusive, transferable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, perform, play, make available to the public and exercise all copyright or similar rights (including publicity rights) in your contribution worldwide and/or to incorporate your contribution in other works in any media now known or developed in the future for the full term of any rights that may exist in your contribution. IF YOU DO NOT WISH TO GRANT THESE RIGHTS TO US PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THIS WEBSITE.
   3. You agree that any contributions to the Website by you will not:
      1. be likely to provoke, attack or offend others;
      2. be racist or liable to incite racial or religious hatred, sexist, homophobic, abusive, threatening, menacing or otherwise objectionable;
      3. contain swear words or other language likely to offend;
      4. plagiarise or infringe any third party rights of any kind, including without limitation copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights;
      5. be defamatory, obscene, indecent, pornographic, sexually explicit, seditious, or blasphemous;
      6. break or infringe any law or condone or encourage illegal or unlawful activity;
      7. be in contempt of court;
      8. advertise products or services;
      9. impersonate or be seen to impersonate someone else;
      10. identify or refer to the identity of minors;
      11. include contact details such as phone numbers, postcodes, postal or email addresses;
      12. be in anything other than English;
      13. be “spam” (i.e. posts containing the same, or similar, message posted multiple times)
      14. include anything which might harm the public’s confidence in the United Kingdom’s education system (and those involved within it)
      15. include anything which might bring the standing or reputation of the United Kingdom’s education system (and those involved within it) into disrepute or attract adverse publicity against the United Kingdom’s education system (and those involved within it)
   4. You warrant and guarantee to us that:
      1. any contribution you make to the Website is your own original work or you have obtained all the necessary licenses, rights, consents and permissions to allows us to use your contribution in full accordance with clause 3.2;
      2. you have obtained the permission of all people who feature in your contribution for us to use your contribution;
      3. if there are any persons under the age of 18 in your contribution, that you have also obtained the permission from their parents or guardians for us to use your contribution;
      4. your contribution is not defamatory, obscene, indecent, pornographic, seditious, offensive, threatening, liable to incite racial or religious hatred, menacing or blasphemous;
      5. your contribution does not infringe any law or any third party rights of any kind and is not in contempt of court
   5. You hereby indemnify us against all actions, losses, damages, legal fees, costs, liabilities and other expenses that may be incurred by us as a result of any breach by you or caused by you of any of the warranties in clause
   6. You waive any moral rights in any contribution you make to the Website.
   7. User contributions may only be made by registered users of the Website.
   8. We may accept your contribution, modify your contribution, refuse to display your contribution or take down your contribution from the Website at any time in our sole and absolute discretion without notice to you for any reason.
   9. You are responsible for the contents of any submission you make and the consequences arising from its use on the Website.
   10. You agree not to upload any files which contain any viruses or harmful programs which may in any way affect the operation of the Website or our systems.

4. Third party site/links

   1. We are not responsible for any third party websites or material that you access through this Website. If you decide to visit any linked site you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
   2. We do not endorse and are not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
   3. We are not responsible for any damage, loss or offence caused by or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
   4. Links to this Website must comply with our Links Policy.
   5. Links do not imply that we endorse are affiliated or associated with any linked site, or are legally authorised to use any trade mark, trade name or logo or copyright symbol displayed in or accessible through the links or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol or material of ours.
   6. You agree not to involve us in any dispute you may have with any third party website without limitation.

5. Disclaimer of liability

   1. We will try to ensure that all information provided by us in connection with the Website is accurate at the time of inclusion. However, there may be errors, omissions or inaccuracies in respect of which we exclude all liability. We make no representation or warranty about the information included on this Website. You shall be solely responsible for any decisions based on the information contained in this Website.
   2. We will try to ensure that this Website is maintained in a fully operating condition. We are not responsible for the results of any defects that exist in this Website. You should not assume that this Website is error free or that it will be suitable for the particular purposes that you have in mind when using it. We reserve the right to make changes to the Website and services may be supplemented, modified or withdrawn.
   3. Information provided on this Website does not constitute professional advice and should not be relied upon without taking independent advice. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.
   4. This Website is provided on an AS IS and on an AS AVAILABLE basis without any representation or endorsement being made and without warranty of any kind, including without limitation to the implied warranties of satisfactory quality, fitness for particular purpose, non-infringement, compatibility, security and accuracy.
   5. In addition to the above you agree that we will not be liable for any damages including but not limited to, indirect or consequential damages, errors or omissions or any damages arising from use, loss of use data or profits, arising out of or in connection with the use of the Website.

6. General

   1. These terms and conditions (including any Special Conditions) shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
   2. If any of these terms and conditions (including any Special Conditions) should be determined illegal, invalid or otherwise unenforceable by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
   3. We shall be entitled to assign this agreement in full at any time to any third party.