Terms & Conditions
MEDIA TRUST'S WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
These Terms (together with the documents referred to in it)(the Terms) set out the terms and conditions on which you may use our website including our online volunteer platform (Site) and apply every time you visit the Site whether you are a guest or a registered user. References to “this Site” and “the Site” contained in these Terms refer to the Site from which these Terms are linked.
The Site is operated by Media Trust, a charity registered and operating in England and Wales (charity number 1042733) with its centre of operations at 4th Floor, Block A, Centre House, Wood Lane, London W12 7SB (we, us, our). You should read these Terms in full because they constitute a binding legal agreement between you as user (you) and us, our assignees and licensees from time to time. The Terms apply every time you visit the Site and by using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
OTHER APPLICABLE TERMS
These Terms refer to the following documents, which also apply to the use of our site and form part of these Terms:
- Our acceptable use policy, tells you how you can and cannot use our Site (the Acceptable Use Policy). You must comply with our Acceptable Use Policy at all times when using the Site;
CHANGES TO THE TERMS
We reserve the right to modify, amend or change the Terms and any documents mentioned within the Terms at any time (a Change, Changes). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms, you should stop using the Site immediately. Your continued use of the Site following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
YOUR ACCESS TO OUR SITE
You will comply with our Acceptable Use Policy at all times, which can be found within these Terms by clicking here. We may change, suspend, discontinue or withdraw all or any part/s of our Site without any notice to you for any reason.
No warranties, representations or guarantees (express or implied) are given about the quality, accuracy, functionality, availability or performance of the Site or any content on it or that any content on our Site published in languages other than English are free from errors of translation.
This Site and any other communications sent by us to you do not provide any legal or professional advice whatsoever. The information on the Site is for information only and does not constitute legal advice. You should not act or fail to act based on the information on the Site or any communications sent to you by us without first seeking appropriate professional advice about your specific facts and circumstances, from a suitably qualified professional licensed in your jurisdiction. Any links to third parties or third party websites provided on our Site are for your information only. We have no control over or liability for content on those third party websites.
Use of the Site and the materials available on it is at your sole risk. We cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users or any advice or communications provided to your by third parties who you link with through the Site. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Site is free of viruses or other harmful components.
Our Site is provided free of charge and on an ‘as-is’ basis. We cannot guarantee that our Site (and content on our Site) will always be available or your use of our Site will be uninterrupted. We will not be liable to you for any reason if our Site is unavailable at any time. You accept that defects may not be corrected or that the Site, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
You are responsible for making your own arrangements to access to our Site. We are not responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site.
Registering with us via our Site
You may register with us for a few different reasons:
You understand and agree that we have no control over any third party who communicates with you as a result of registering on our Site and/or who you are linked to through our Site. We do not and are not obliged to carry out any checks on any third parties who you link with via our Site and you must carry out your own verification of the identity and credentials of any third party you link with via our Site.
If you register for our Site and are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party whatsoever. If you suspect a third party knows your code or password, you must contact us immediately. We retain the right to disable any such code, password or information at any time if in our opinion you have failed to comply with the Terms.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All text, graphics, user interfaces, logos, sounds and artwork on the Site are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. You shall not acquire any rights in the intellectual property rights in our Site which shall remain the property of us and/or our third party providers.
OWNERSHIP OF YOUR CONTENT
We respect your intellectual property rights and the intellectual property rights of others and we need to know that we are properly authorised to use the content you upload to on enter into the Site (the Content). You therefore represent and warrant that:
- the Content is your original creation and you have the right to authorise us to use and distribute the Content in accordance with the licence contained in these Terms (which can be found here);
- if you have used or feature anyone else’s work, for example, photographs, text, music etc. in the Content, you have obtained and paid (if required) for all relevant authorisations and consents to do so;
- in addition to any consents that you have obtained for the purpose of fulfilling the warranty given in Paragraph (b) of this section, you have also obtained all other relevant third party contributor consents and releases in relation to the Content and you will provide us with copies of all consent and release forms as soon as possible if we request them;
- no part of the Content infringes the intellectual property or other rights of any third party;
- if you have created the Content in the course of your employment by a third party, you have ensured that you have retained all rights in and to the Content so that you are able to comply with the representation and warranties given in Paragraphs (a) to (d) of this section; and
- no part of the Content or your use of the Site infringes the Acceptable Use Policy.
You agree to notify us immediately of any information or circumstances of which you become aware that would make any of the above representations and warranties inaccurate and/or untrue.
If the Content does include any work which was created, is owned or is otherwise restricted by a third party, you must obtain their consent to use their works in the Content. If you have not obtained their consent, you may be in breach of the representations and warranties given above and will be liable for (which means you will be responsible for paying for) (a) any claims made against us as a result, and (b) all resulting costs and/or damages. If you are in any doubt you should seek independent legal advice or otherwise leave out any works used in the Content which are not your own original creation.
By posting Content on the Site you automatically grant to us a non-exclusive, irrevocable, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, distributing and otherwise making available to the general public such Content), whether in whole or in part and in any format or medium currently known or developed in the future (including, without limitation, the Site and any affiliate websites or television channels which exist from time to time and those of sub-licensed third parties).
We may assign and/or sub-license the above licence to any third party without any further approval by you.
You agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
The fact that the licence is non-exclusive means that you can still use the content and grant licences to others to use the content despite the fact that you have granted us a licence to use the content too.
The fact that the licence is irrevocable means that once you have uploaded Content onto or entered Content into the Site, you cannot revoke the licence you have granted to us in the future, even if you cease to use the Site.
The fact that the licence is royalty free means that neither we nor any third parties (who may sub-license the rights from us) have to pay you any fees for using the Content in accordance with the licence that you have granted to us.
Our ability to assign and/or sub-license the rights that you have granted to us means that we have the right to authorise third parties to use all or part of the Content that you post on the Site. This may mean that they use, adapt or edit all or part of the Content on their own websites or even in other media.
This Acceptable Use Policy forms part of the Terms.
The Site is intended to be an informative and inspiring place to visit and it is important to us (and for you) that it remains a safe, friendly and fair environment for all users. You therefore agree that you will only use the Site in accordance with the Acceptable Use Policy.
All users may browse the Site without registering but if you wish to post things on the Site you must (a) be over 18 years old, (b) register with us, and (c) be accepted by us (in our sole discretion) as a trusted member before you are able to upload any content.
When you are using the Site you may NOT post any Content which:
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or
- incorporates the image or likeness of any individual without their express permission to do so;
- encourages any illegal activity including, without limitation, terrorism, or the submission of which in itself constitutes committing a criminal offence;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising);
- involves the transmission of junk mail or spam;
- contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage, limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
- contains any material designed to wrongly intercept or expropriate any data or personal information whether from the Site itself or otherwise;
- infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- reports on current legal proceedings as this may constitute contempt of court;
- is mean-spirited, uncivil or has been created with the intention of causing trouble or upsetting any third party; or
- is in breach of any relevant law or regulation.
Please use your common sense when choosing what Content to post on the Site because you are solely responsible for, and bear all liability in relation to, such Content.
Any Content that you post on the Site must not display any personal information whether in relation to you or any other person (for example, names, home addresses, telephone numbers or email addresses). If you communicate with other users of the Site other than by posting Content, we would encourage you to use the same discretion when disclosing any personal information.
From time to time we may require details about the Content that you upload to the Site and/or documentation relating to such Content, for example, all relevant consent forms. You agree that upon receiving a request for such information and documentation, you will promptly provide the same to us.
You may link to our home page or any of the pages on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.
Other than in relation to Content submitted by you to the Site, you do not have any rights in relation to the content on the Site and you agree that you will not use any content in any manner which may infringe any third party’s rights. Unless you have obtained our prior written consent, you may not reproduce or republish content from our Site into other web sites, frame our site or otherwise exploit our content (except for your Content). You are prohibited from using any part of the content on our Site for commercial purposes unless you have obtained a licence for this from our licensors.
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. If you act in such a way, you would commit a criminal offence under the Computer Misuse Act 1990 and we will immediately report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
TERMINATION OF USE BY US
We reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice to:
- suspend or revoke your registration (where applicable) and/or your right to access and/or use the Site or submit any Content to the Site; and
- make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We may notify you (but we are not obliged to) if your registration and/or access to the Site is to be or has been suspended or terminated.
TERMINATION OF USE BY YOU
If you have registered on the Site, you can terminate your registration at any time by writing to us at firstname.lastname@example.org and asking for your registration to be terminated. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to the Site. However, Content that you have uploaded to the Site may still appear on the Site following termination of your registration.
Termination of your use of the Site in accordance with the Terms, whether by us or by you, does not revoke the licence, warranties or indemnities given by you under the terms, all of which shall remain in full force and effect even after termination.
COMPLAINTS AND TAKE DOWN POLICY
You can report any abuse or complain about Content on the Site by click here and outlining the abuse and/or complaint that you believe violates the Terms (including any belief that your rights in particular Content have been infringed) and containing all of the following information:
- your contact details including your email address and a contact number;
- full details of the Content that you believe infringes your rights or does not adhere to the Terms;
- the URL or other location where you found the relevant Content; and
- if you are reporting that you believe that your rights (or those of someone that you represent) have been infringed, proof that you are the rights holder or duly authorised to act on their behalf and a statement clearly warranting the same.
Please note that deliberate misuse of the complaint facility will not be tolerated and if you persist in making malicious or vexatious complaints then we may terminate your registration with us.
Please also note that our offices are manned from 09.30 to 17.30 on business days (so not on weekends or public holidays) so reports will only be received and dealt with during those hours. When they are received, they will be dealt with as promptly as possible.
We will acknowledge receipt of the report when we receive it. We will then, during the 10 business days following our acknowledgement of receipt, examine the report and take whatever action (if any) that we deem appropriate in accordance with the Terms and applicable laws and regulations.
If the dispute involves rights in the Content then we will contact the party who has posted the relevant Content to notify them of the dispute. Please note that, while we will do our best to facilitate the resolution of disputes over rights where practicable, it is not our responsibility to resolve such disputes. We will encourage both you and the other party to resolve the dispute amicably and to jointly notify us of the outcome of your discussions and how you have agreed the relevant Content will be dealt with. Please note that we will take down the relevant Content from the Site as quickly as practicable during working hours following receipt of a notice involving rights infringement (which provides all of the required details – see above) and the relevant Content will be kept down from the Site until any such rights dispute is resolved.
We are not responsible for taking the relevant Content down from Sites that we do not own and operate, so if the relevant Content has been passed on to other Sites you will need to contact them directly in relation to your complaint.
PROCESSING OF INFORMATION
DISCLAIMER AND LIMITATION OF LIABILITY
We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Site, including the individuals and/or organisations you are linked with via the Site and expressly disclaim any liability for Content uploaded by you or by any other user.
The individuals or organisations linked to you through our Site have not been verified or checked in any way by us (for example, DBS checked) and you are fully responsible to carry out your own due diligence on the individuals and/or organisations you link with via our Site. We are not liable for any advice or communications you have with a third party who you are linked with through the Site whatsoever.
Nothing in the Terms limits or excludes our liability for:
- death or personal injury caused by proven negligence; or
- any liability which cannot be limited or excluded by law.
However, to the fullest extent permitted by law, the Site expressly excludes:
- all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability incurred by you arising from use of the Site and its services or these Terms.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If we are sued as a result of your use of the Site, including you posting Content, then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives, assignees, licensees and successors, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with a breach of any warranty given by you pursuant to these Terms and/or your use of the Site, the uploading or submission of Content to the Site by you or your conduct on the Site, other than in accordance with the Terms or any applicable law or regulation (a Claim). We retain the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
This means that if you breach the Terms and we (or a third party to whom any Content has been licensed) are sued or incur other costs as a result, you have to reimburse us (and/or them) in full.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of the Site and supersedes all previous agreements, representations and arrangements between us (either oral or written).
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
The Terms were last updated on: 19 November 2018
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