Why Not? Hub Community Website Terms of Use

The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.

These Terms of Service are permanently available www.whynothub.org.

Please review these Terms of Service carefully prior to using the Service.  If you do not agree with these Terms of Use, please do not use the Service. 

1. Legal notice

 

The Service is provided by The Why Not? Trust:

Registered office: Bremner House, Castle Business Park, Stirling, FK9 4TF

Scottish registered charity

Registered with the Scottish Charity Regulator (OSCR) under the number: SC048633

E-mail: [email protected]

Phone number: 01786810477

Publication Director: Nikki Thomas

Hosting:

Google Cloud Platform

Company located at Gordon House, 4 Barrow St, Dublin, Ireland

Registered in the Dublin Trade and Companies Register under the number: 752925594

Phone number: +353 1 436 1000

 

2. Definitions

 

User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.

 

3. Term

 

The Terms of Service will come into effect on first access to the Service for the entire duration of use.

 

 

4. Description of the Service

 

The Service enables Users to connect with each other, access information or also do networking.

The Service comprises a suite of online services provided by The Why Not? Trust, allowing the User to:

• Connect with people, groups and organisations the User is interested in:
  • Live feed: allows Users to have access to a newsfeed aggregating contents posted via the application. They can comment on the posts.
  • Recommend: allows Users to suggest someone to be invited by the admin.
• Communicate with others by sharing content such as status, photos, videos, sending private messages.
  • Private messages: allow Users to discuss by private messages.
  • Groups: Users can be part of groups with all, or some of, the features of the application.
  • Forums: Users can be part of forum discussions.
• Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users.
• Participate in events organised by The Why Not? Trust;
• Stay up to date with news about The Why Not? Trust and activities in the Community Website:
  • Email campaign: the User can receive emails campaigns from The Why Not? Trust or whynotthub.
  • Notification: Users that have agreed can receive notifications sent by The Why Not? Trust or whynothub.
  • Media center: Users can upload files that are stored in the Community Website.

These Terms of Service govern the use of each component of the Service. 

 

5. Access to the Service

Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.  

 

6. Cost of the Service

The Service is available for free of charge (excluding any connection costs, whose price depends on your electronic communication service provider).

 

7. Intellectual property

 

 

The Service and the Service Content belong and shall remain the property of The Why Not? Trust or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

 

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

 

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of The Why Not? Trust. Any use of these Service Content not expressly authorised by The Why Not? Trust shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

 

Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of The Why Not? Trust or any of its schools or subdivisions for any purpose except with The Why Not? Trust prior written approval and in accordance with any restrictions required by The Why Not? Trust. These are the property of The Why Not? Trust or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.

 

The Why Not? Trust is the producer of databases on the Community Website and The Why Not? Trust is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.

 

 

The Why Not? Trust grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of The Why Not? Trust.

In connection with the use of the Services and Service Content or User’s Content, the User is not authorised to, or cannot allow a third party to:

 

 

 

 

8. User’s undertakings

 

The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. The Why Not? Trust does not claim ownership of the User Content.   

 

By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.

 

User warrants to be at least 14 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use. 

Persons aged 13 years old or less are not authorised to access the Service.

 

8. 2.       User’s rules of conduct

 

 

Generally, the User is committed to use the Services in accordance with Safe Use Agreement made available to the User at www.whynothub.org, and when registering as a User of the Service on the App.

User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”)via the Service.

 

User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

 

User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service. 

 

User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited.  Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by The Why Not? Trust (or any individual officer or employee of The Why Not? Trust); (3) use that can be confused with official communications of <customer name>  or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

 

9. Reporting and moderation

 

In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report content” feature found under each post.

 

The Why Not? Trust has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. The Why Not? Trust has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.

 

The knowledge of such content is deemed effective when the hosting provider is notified of following:

• The notification date;
• The notifying User identity;
• The description of the facts in contention (possibly with screen shots of the content);
• As well as the reasons for which the content must be removed.

 

If a User Content is reported, The Why Not? Trust reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.

 

 

 

10. Termination, suspension, or revocation of access

1. 1. Deletion of the User Account by the User

 

At any time, the User may delete its User Account by contacting The Why Not? Trust at the address or email address mentioned in Article 15.

The Why Not? Trust retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by The Why Not? Trust of such a decision by email. The User has the possibility to send an email to The Why Not? Trust to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use is not remedied within one (1) month from suspension notification, The Why Not? Trust reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available. 

 

1. 3. Deletion of inactive User Account

 

The Why Not? Trust will delete inactive accounts after a continuous period of two years if the User has not used the Community Website. The User will be informed by email of the deletion of his or her account subject to prior notice of two (2) weeks allowing the User to object to such deletion.

 

11. Privacy; Confidentiality

 

 

The Why Not? Trust will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.  

 

 

12. Limitation of Warranty and Liability; Indemnification. 

 

The Why Not? Trust is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.

 

The Why Not? Trust shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.

 

Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.

The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances The Why Not? Trust accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.

 

The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and The Why Not? Trust. The Why Not? Trust will have no responsibility or liability in connection with the User Content.

 

The Why Not? Trust expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services.

 

13. Hypertext links

 

The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. The Why Not? Trust does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.

 

If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.

 

 

14. Contact

 

For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at [email protected] or post it at the following address: The Why Not? Trust, Bremner House, Castle Business Park, Stirling FK9 4TF.

 

The User can use these contact details for any technical support request.

 

15. Miscellaneous 

 

Governing Law and jurisdiction.  These Terms of Use, will be governed by the laws of the United Kingdom, superseded by Scots law where appropriate, without regard to its conflicts of laws principles. 

The User is informed, as consumer, of the possibility to use a conventional mediation procedure or any other alternative dispute resolution method. In particular, the User may refer the matter to the Consumer Ombudsman: Trading Standards Scotland.

 

Change of Terms of Use.  These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.

 

Change of the Service. The Why Not? Trust may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.

 

Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.  These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and The Why Not? Trust with respect to the subject matter hereof.  

 

Convention of proof. Electronic documents exchanged by electronic means between the User and The Why Not? Trust shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.

 

Force majeure. In no case The Why Not? Trust may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.