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Terms and Conditions of Use for Local Authorities, Advice Organisations and Users

Encore is a community advice portal developed by the London Central Partnership (henceforth referred to as "We" or "Us"). In entering our site you ("You") are accepting our Terms and Conditions.

1. USING THE PORTAL Encore

The portal Encore is maintained for the benefit of Local Authorities, community organisations and residents of the Boroughs of Camden, Islington, Westminster, RBKC and Corporation of London. The primary purpose is to enable advice organisations to create their own community websites and interact with their Local Authorities.

The access and use of Encore featuring these Terms and Conditions constitutes your acceptance of these Terms and Conditions which take effect from the date on which you first use Encore.

We may at any time revise these Terms and Conditions without notice. It is up to you to regularly review the Terms and Conditions in case there are any changes. Continued use of Encore after a change has been made is your acceptance of the change.

Any material found on Encore, including text or images, may not be printed, copied, reproduced, republished, downloaded, posted, displayed, modified, reused, broadcast or transmitted in any way, except for your own personal non-commercial use and for the use of registered community organisations. Permission for any other use must be obtained from Camden Council. Applications should be made to: alasdair.mangham@camden.gov.uk

Upon registering with Encore you may subject to the terms and conditions contained herein:

  1. Use the site to locate relevant community information;
  2. Create a community website utilising the software tools provided by Encore; and
  3. Set-up links from the website of your community organisation to Encore.

We allow You onto Encore in return for you agreeing not to adapt, alter or create any derivative work from any of the material contained in this site save for the authorised creation of website as an authorised user.

You agree to use this site only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

Except for setting-up of an approved link you are not entitled (nor will you assist others) to set up links from other websites to Encore (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without our prior written consent, which consent we may at our absolute discretion, and without providing a reason, grant or withhold.

You are prohibited from posting or transmitting any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to civil liability, or otherwise violates any law. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on Encore.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. REGISTRATION REQUIREMENTS

Requirements

In consideration of Your use of the Service, You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

If You provide any information that is not true or not accurate, Camden may suspend or terminate your use of the Service. This is without limiting our general right to suspend or terminate for any reason whatsoever.

Privacy

Registration Data and certain other information about you is subject to the provisions of the Data Protection Act.

Community Organisation Account, Security and Password

Upon completing the Service's registration process, You will receive a password and account designation. 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 Camden Council of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Camden Council cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Intellectual property

The names, images and logos identifying Encore, government departments, third parties and their information, products and services are proprietary marks of Encore, government departments and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of Encore, government department or any other third party.

The copying and use of the Encore logo, government logos and/or any other third party logos accessed via Encore are not permitted without prior approval from the copyright owner. Request for permission to use the Encore logo, or any government logo, should be directed to: alasdair.mangham@camden.gov.uk

3. SETTING UP A COMMUNITY WEBSITE: USING SOFTWARE PROVIDED BY Encore

Software Tools

The software tools provided by Encore are intended to enable advice organisations to establish their own websites.

We will grant You, as a Registered User, a non-exclusive limited license to use the software tools for the purposes specified in these Terms and Conditions of Use. For the avoidance of doubt, this software license may be terminated at any time in Our absolute and sole discretion. We will not be liable for any loss or damage that you may suffer as a consequence of such termination.

Without limiting anything in any other tights or limitations in these Terms and Conditions of Use, for the avoidance of doubt the software tools are provided on 'as is' basis. We will not be responsible, whether in tort (including negligence), contract or otherwise for any breach whatsoever, so however caused.

We do not guarantee that the software tools are free of viruses and We do not warrant that the software tools are adequate for Your individual purposes.

We do not guarantee that the Service will be provided nor do we guarantee its quality. We do not guarantee that Encore will be provided and then discontinued or terminated at any time without notice for any reason whatsoever. We do not provide any back-up facilities upon the creation of Your community website whatsoever and cannot be responsible for any loss or damage, including loss of data, whatsoever. (The whole system is backed up - on a regular basis although it would be impossible to guarantee that we could restore everything that was on the site)

What You Must Not Do

In setting up and operating a community website using and linked to Encore You must not:

  1. Use the software tools or any part of the website for commercial business purposes;
  2. Sell, lend or otherwise allow any other person to use the software tools who is not a registered user;
  3. Create links with other websites, without obtaining the relevant permission or authority where required
  4. Notify, sell or otherwise inform any third party of the email addresses or other personal information for any commercial purposes whatsoever;
  5. Send unsolicited emails, sometimes referred to as 'Spam', to any persons whatsoever;
  6. Distribute any material on the website that:
    1. infringes any intellectual property rights or is in breach of law, statute or regulation;
    2. is defamatory, libellous, unlawfully threatening, harassing, obscene, pornographic or indecent; or
    3. contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information.

What You Must Do

In setting up and operating a community website using and linked to Encore You must:

  1. Monitor for libellous or defamatory material and must remove any such material when You become aware of its existence;
  2. Comply with all policies of Camden Council in relation race, health.
  3. Insert in a prominent manner on Your Encore website the following information:
    Camden Council is no way responsible for any information provided on this site.

Hosting of Website

We will host Your website on Our servers until such time that we terminate the agreement. Without limiting any rights or obligations in these Terms and Conditions of Use:

You will grant us a non-exclusive, royalty-free licence during the term of this agreement, to use, store and maintain the Content on a server for the purposes of providing the services in accordance with this agreement.

We will have no liability for the contents of, any communications transmitted by virtue of the Services. You will dully indemnify Us from any breach by You whether it be contract, tort or otherwise, including any breach of any third party intellectual property rights.

We provide not guarantee whatsoever as to quality of the service or whether a service will be provided at all.

4. COPYRIGHT

Material featured on Encore that is subject to copyright protection will be indicated. The copyright protected material may be downloaded free of charge to file or printer without requiring specific permission. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context. Where this material is being issued to others, the source (including URL) and copyright status must be acknowledged.

5. DISCLAIMER

Without limiting any other provision in these Terms and Conditions of Use, Encore and material relating to Government or Council information, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of Encore.

Links contained in Encore will lead to other websites not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. Links provided on Encore are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of, and we accept no liability in respect of, the content.

Although we may from time to time monitor or review discussions, chat, postings, transmissions, bulletin boards and the like on Encore, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on Encore.

6. VIRUS PROTECTION

We make every effort to check and test material at all stages of production. It is always wise for you to run an anti-virus program on all material downloaded from the Internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material off Encore.

7. SUPPLY OF INFORMATION

Any communication or information transmitted by you as a registered user (registered means personal information entered by you for security and registrations purpose) on Encore by electronic mail or otherwise shall be treated as proprietary and confidential.

Any communication or information transmitted by you as a user with general public access and/or anonymous access to Encore by electronic mail or otherwise will be treated as non-proprietary and non-confidential. Anything transmitted by you may be used by us for any purpose, including, without limitation, broadcast, transmission, publication, reproduction, disclosure, posting and any other use whatsoever.

The Encore web server may automatically recognise the domain name and e-mail address (where possible) of users of our websites. We may collect the domain name and e-mail address of visitors to Encore, the e-mail address of those who post messages to our bulletin boards, the e-mail addresses of those who communicate with us via e-mail, e-mail addresses of those who make postings to Encore chat areas, aggregate information on what pages users access or visit and information volunteered by the user, such as survey information and/or site registrations.

Information collected by us is used for internal review, used to improve the content of Camden, used to customise the content and/or layout of Encore for each individual user, used to notify users about updates to Encore, used by Encore to contact users for marketing purposes and is not shared with other organisations for commercial purposes.

8. TERMINATION

Your authorisation to use Encore automatically terminates without notice if, at our sole discretion, you fail to comply with any of the Terms and Conditions. On termination, you must cease all use of Encore and destroy all and any materials copied directly or indirectly from Encore. This does not limit our right to terminate at any time for any reason whatsoever.

9. GENERAL

These Terms and Conditions are governed and construed in accordance with English Law. If any provision of the foregoing is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.