RESEARCH PORTAL COLLABORATOR TERMS AND CONDITIONS
In these terms and conditions, “You” means the legal person providing content in any form including pictures for publication on Our Portal (“Materials”).
- Who We are and how to contact us
The Parks & Green Spaces Research Portal located at www.greenflagaward.org (“Our Portal”) is a portal hosted and operated by Keep Britain Tidy (“KBT”) and managed and administered by KBT in partnership with The University of Leeds (“Leeds”)and The University of Sheffield (Sheffield”)
KBT is registered in England and Wales under company number 3496361 and is a charity registered under number 1071737. Its registered office address is Elizabeth House, The Pier, Wigan, WN3 4EX.
Leeds is a higher education institution incorporated by Royal Charter (registration number RC000658) whose registered office address is at Woodhouse, Leeds, LS2 9JT.
Sheffield is an independent corporation whose company registration number is RC000667 in England, incorporated by Royal Charter. It is an exempt charity regulated by the Office for Students whose registered office address is at Western Bank, Sheffield, S10 2TN.
“We”, “Our”, and “Us” refers to KBT, Leeds and Sheffield.
- By using Our Portal You accept these terms
2.2 If You do not agree to these terms, You must not use Our Portal.
2.3 We recommend that You print a copy of these terms for future reference.
- There are other terms that may apply to You
- We may make changes to these terms
We amend these terms from time to time. Every time You wish to use Our Portal, please check these terms to ensure You understand the terms that apply at that time.
- We may make changes to Our Portal
We may update and change Our Portal from time to time to reflect changes to Our products and services, Our users' needs and Our business priorities.
- We may suspend or withdraw Our Portal
6.1 We do not guarantee that Our Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Portal for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
- We may transfer this agreement to someone else
We may transfer Our rights and obligations under these terms to another organisation. We will tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under these terms as applicable at the relevant time.
- Our Portal is based in the UK
Our Portal is based in the United Kingdom. You are responsible for adherence to all applicable laws and regulations applicable to Your creation and/or uploading of Materials in Your location.
- You must keep Your Credentials safe
9.1 If You are provided with a user identification code, password or any other piece of information (“Credentials”) as part of Our procedures to allow uploading of Materials, You must treat such information as confidential. You must not disclose Your Credentials to any third party and You are responsible for the selection and training of any employees or officers permitted to use Your Credentials.
9.3 If You know or suspect that anyone other than You or your authorised staff or officers knows Your Credentials, You must promptly notify Us at [email protected] .
- How We may use Your personal information
10.2 You will indemnify Us against any claim, action, liability or loss We incur as a result of receiving third party personal information from You where You do not have permission to disclose it to Us.
- Uploading Materials to Our Portal
11.1 Whenever You make use of a feature that allows You to upload Materials to Our Portal, or to make contact with other users of Our Portal, You must comply with the content standards described in the Acceptable Use section below (“Standards”).
11.2 By uploading Materials to Our Portal You grant to Us a licence in the form set out in the Schedule to these terms (“Licence”).
11.3 As an additional warranty You warrant that any Materials You upload to Our Portal comply with the Standards, and You will be liable to us and indemnify us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
11.4 You will indemnify Us against any claim, action, liability or loss We incur in connection with any claim made against Us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with Your use of Our Portal.
11.5 We have the right to remove any posting or Materials You upload or post on Our Portal if, in Our opinion, Your Materials do not comply with the content standards described in the Acceptable Use section below.
11.6 You are solely responsible for securing and backing up Your Materials.
11.7 Where You upload other people’s intellectual property and/or personal information to Our Portal, You must be sure that they agree to this and You are allowed to upload it.
11.9 Revocation Of Materials
- You may withdraw Materials that You have uploaded to Our Portal from display by giving notice in writing to [email protected] giving sufficient information about which Materials You wish to withdraw from display.
- We may require You to provide further information to verify Your identity before removing Materials from display on Our Portal at Your request.
- As soon as reasonably practicable after receiving your verified notice of withdrawal of Materials from display We will remove the affected Materials from display on Our Portal and replace the location of their previous publication with a notice confirming that the Materials have been withdrawn from display on Our Portal. We are not obligated to remove references to the affected Materials that appear elsewhere on Our Portal. Time is not of the essence in the removal from display on Our Portal of Materials that You have withdrawn.
- Where We have produced Derivative Content (as defined in the Licence) including the affected Materials we are not obliged to remove references to or extracts from the affected Materials from such Derivative Content and We may make reference on Our Portal or in Derivative Content to the withdrawal of the affected Materials.
- Withdrawal by You of Materials from display on Our Portal will not have retrospective effect and there will be no obligation on Us to inform any third parties who have viewed, downloaded or linked to the affected Materials of the withdrawal of the affected Materials.
- Withdrawal of Materials from display will not affect any liability You may have incurred or may later incur under these terms or the Licence resulting from the provision of those Materials by You and any period of the Materials being published on Our Portal. That liability may arise after you have withdrawn the affected Materials from display.
- We may retain for Our records a copy of all Materials that you upload to Our Portal notwithstanding any withdrawal of such Materials from display on Our Portal.
- Rights You are giving Us to use material You upload
12.1 When You upload or post Materials to Our Portal, You grant us the rights set out in the Licence including the right to produce and share Materials You provide.
- Acceptable Use (Standards)
13.1 Whenever You make use of a feature that allows You to upload Materials to Our Portal, or to make contact with other users of Our Portal, You must comply with the content standards set out in clauses 13.2 to clauses 13.5 below.
13.2 You must not use Our Portal:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with Our Standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To upload terrorist content.
13.3 Whenever You make use of a feature that allows You to upload Materials to Our Portal, or to make contact with other users of Our Portal, You agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of Our Portal;
- any equipment or network on which Our Portal is stored;
- any software used in the provision of Our Portal; or
- any equipment or network or software owned or used by any third party.
13.4 Any contribution to the Portal must:
- Be accurate (where it states facts)
- Be genuinely held (where it states opinions)
- Comply with the law applicable in England and Wales and in any country from which it is posted.
- Be the work of the person claiming or representing authorship or used with the attributed permission of that person.
13.5 A contribution to the Portal must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or other registrable or non-registrable intellectual property rights of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity.
- Be in contempt of court.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- 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.
13.6 When We consider that a breach of the content standards has occurred, We may take such action as We deem appropriate which may include partial or total deletion of Your Materials, Credentials and any account
- Immediate, temporary or permanent withdrawal of Your right to use Our Portal;
- Immediate, temporary or permanent removal of any contribution uploaded by You to Our Portal;
- Issue of a warning to You;
- Legal proceedings against You for damages for losses suffered and reimbursement of costs incurred 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.
13.8 We exclude Our liability for all action We may take in response to breaches of the content standards. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.
- We are not responsible for viruses and You must not introduce them
14.1 We do not guarantee that Our Portal will be secure or free from bugs or viruses.
14.2 You are responsible for configuring Your information technology, computer programmes and platform to access Our Portal. You should use Your own virus protection software.
14.3 You must not misuse Our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Portal, the server on which Our Portal is stored or any server, computer or database connected to Our Portal. You must not attack Our Portal 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 Portal will cease immediately.
- Rules about linking to Our Portal
15.1 You may link to Our home page or any other page of Our Portal, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
15.2 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.
15.3 You must not establish a link to Our Portal in any website that is not owned or controlled by You or for which You do not have a valid user account.
15.4 Our Portal must not be framed on any other portal or website.
15.5 We reserve the right to withdraw linking permission without notice.
15.6 Any website owned or controlled by You in which You are linking must comply in all respects with the Standards set out above.
15.7 If You wish to link to or make any use of content on Our Portal other than that set out above, please contact [email protected] .
- Which country's laws apply to any disputes?
17.1 Clause and Schedule headings shall not affect the interpretation of these Terms and Conditions.
17.2 If there is an inconsistency between any of the provisions in the main body of these Terms and Conditions and the Schedule, the provisions in the main body of these Terms and Conditions shall prevail.
17.3 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
17.4 Unless the context otherwise requires, words in the singular shall include the plural and those in the plural include the singular.
17.5 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
17.6 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
17.7 This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.
- The definitions and rules of interpretation in this paragraph apply in this Licence:
Derivative Content: original content displayed on or accessible through Our Portal that is based on Your Materials, such as a translation, sound recording, abridgement, condensation, commentary, concordance or any other form in which a work may be recast, transformed, presented, combined or adapted;
Intellectual Property Rights: copyright and neighbouring and related rights, moral rights, database rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
User: a third party accessing Our Portal;
User Terms: the terms and conditions in effect from time to time affecting Users.
- Rights You are giving Us to use Materials You upload
- When You upload or post Materials to Our Portal, You grant Us a perpetual worldwide, non-exclusive, royalty-free, transferable licence to:
- use, modify, electronically reproduce and distribute and display those Materials in connection with the service provided by Our Portal and across different media including in any media now known or hereafter developed including to promote Our Portal;
- make Derivative Content, reproduce, publicly display and distribute such Derivative Content through Our Portal, including in any media now known or hereafter developed;
- We will to the extent appropriate and reasonably practicable when displaying Your Materials or Derivative Content on Your Materials:
- include the following attribution information if You have provided it to Us
- identification of the creator(s) of the Materials and any others designated to receive attribution, in any reasonable manner requested by You;
- a copyright notice;
- indicate if We have modified the Materials and retain an indication of any previous modifications
- Rights You allow Us to give to Users of Our Portal
- When You upload or post Materials to Our Portal, You permit Us to grant to Users, subject to the User Terms, a perpetual worldwide, non-exclusive, royalty-free licence to:
- view, copy and make use of Your Materials;
- link to the pages of Our Portal displaying Your Materials and Our Derivative Content of Your Materials;
- exercise such other rights in relation to Your Materials as may from time to time be allowed in Our User Terms.
- Intellectual Property
- We retain all Intellectual Property Rights in Our Portal, the Derivative Content We produce or commission and Our trade marks, and nothing in this Licence shall be taken to grant any rights to You in respect of such Intellectual Property Rights.
- Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Materials shall remain with You. Except as expressly provided in this Licence, nothing shall be construed to grant to Us any right, title or interest in or to the Materials.
- We shall own all information relating to Users of Our Portal that is collected through any User registration process or registration of other contributor to Our Portal.
- Waiver of moral rights
- You waive the moral rights forming part of Your Intellectual Property Rights in the Materials to the extent necessary for the operation of this Licence.
- This Licence may be terminated to the extent that You are able to withdraw Materials from display on Our Portal where and to the extent that you do so PROVIDED THAT this Licence shall remain in effect for the purposes of Our continued use, referral to and storage of Your Materials in accordance with the terms and conditions of Our Portal.