your2050 Software Limited (“your2050”, “we”, “us” or “our”) operates an online platform for independent communication and collaboration; allowing users to share and debate new ideas (the “your2050 Platform”).
These terms and conditions (“User Terms”) govern your use of the your2050 Platform. You should read them carefully. You must be at least 16 years old to use the your2050 Platform.
THE your2050 PLATFORM
The your2050 Platform may, depending on the circumstances, mean:
- one of a number of “Public Communities”. Each Public Community is in the the public area of the your2050 Platform which is free to use and for the sharing of ideas concerning the general public; or
- one of a number of “Private Communities”. Each Private Community is a segregated and private area of the your2050 Platform, which is unique to a specific organisation or entity who has purchased a subscription to part of the your2050 Platform to be hosted for their benefit (a “Private Community Subscriber”).
your2050®
your2050 is the trading name for your2050 Software Limited, a company registered in England and Wales under company number 11327975 and has its registered office at 1 The Green, Richmond, United Kingdom, TW9 1PL.
To report an issue to us, please email report@your2050.org.
WHO THESE USER TERMS APPLY TO
Unless we say otherwise, these User Terms apply to all users of the your2050 Platform , including:
- users of a Public Community (“Public Community Users”); and
- users of a Private Community, who are authorised as such by the relevant Private Community (“Private Community Users”)
OTHER TERMS WHICH APPLY TO YOU
These User Terms refer to the following additional terms, which are incorporated by reference and which also apply to your use of the your2050 Platform:
- Our Acceptable Use Policy, which sets out the content standards and conduct rules which apply when you use the your2050 Platform.
- Our Privacy Policy, which describes how we handle any personal information we collect from you or that you provide to us when you use the your2050 Platform.
- Our Cookie Policy which sets out information about the cookies we use on the your2050 Platform.
YOUR PRIVATE COMMUNITY
As a Private Community User, your right to use your Private Community is subject to and conditional upon your Private Community Subscriber having purchased the relevant your2050 subscription and being in compliance with our “Private Community Terms”.
Where we refer to “your Private Community Subscriber”, we mean the organisation or third party that has entered into our Private Community Terms on your behalf.
Your right to use your Private Community will continue until our Private Community Terms with your Private Community Subscriber end for any reason (including if your Private Community Subscriber fails to pay our subscription fees), or we or your Private Community Subscriber end your use of your Private Community (see ENDING (OR SUSPENDING) YOUR USE OF THE your2050 PLATFORM).
As between your Private Community Subscriber and us, you understand that it is your Private Community Subscriber’s responsibility to inform you about any relevant Private Community Rules which includes policies or practices which may impact your use of your Private Community, the obtaining of any necessary rights, permissions or consents from you and other users of your Private Community, and the response to and resolution of any issues or disputes with you regarding the following:
- your authorisation (as granted by your Private Community Subscriber) to use your Private Community;
- any content which you or other users may post in your Private Community (but you acknowledge the rights that we reserve in this regard, see POSTING CONTENT TO THE your2050 PLATFORM and ENDING (OR SUSPENDING) YOUR USE OF THE your2050 PLATFORM);
- your Private Community Subscriber’s failure to comply with our Private Community Terms.
USING THE your2050 PLATFORM
Public Communities: In return for your agreeing to comply with these User Terms, your2050 gives you a personal, non-exclusive, non-assignable and revocable licence to use a Public Community.
Your Private Community: In return for your agreeing to comply with these User Terms and your Private Community Subscriber complying with the Private Community Terms, your2050 gives you a personal, non-exclusive, non-assignable and revocable licence to use your Private Community.
In each case, the right to use the your2050 Platform is personal to you. You may not transfer your user account or your right to use the your2050 Platform to someone else. Anyone else wishing to use the your2050 Platform must agree to these User Terms directly.
You are responsible for any costs and expenses you may incur (including data charges) in relation to your use of the your2050 Platform.
ENDING (OR SUSPENDING) YOUR USE OF THE your2050 PLATFORM
You may end your agreement with us under these User Terms at any time by discontinuing your use of the your2050 Platform and deactivating your user account.
We may suspend or end your right to use the your2050 Platform (for example, by deactivating your user account) at any time for any reason, including the following:
- you do not comply with these User Terms (or any terms or policies which they refer to);
- you do not use your user account for a prolonged period;
- you create a possible risk or legal exposure to your2050;
- we need to safeguard your user account or protect the your2050 Platform from security threats.
In addition, as a Private Community User, we may suspend or end your right to use your Private Community if your Private Community Subscriber asks us to do so.
Deactivating your user account will not delete any data or content you have posted, uploaded or otherwise provided through your user account on the your2050 Platform. To request deletion of that data or content, please contact us at report@your2050.org.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
The your2050 Platform is provided on an “as is” and “as available” basis. Although we make reasonable efforts to update the your2050 Platform, except as required by law, we give no warranty, representation or guarantee, express or implied, as to the quality, content, availability, uptime or fitness for a specific purpose of the your2050 Platform. We will also not be liable to you for any loss of content or data which you post to the your2050 Platform (or otherwise provide to your2050), or for any loss arising from the deletion of, or the failure to store or to transmit, any such content or data.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. If you require any advice on your legal rights, you can refer to www.citizensadvice.org.uk.
We exclude any liability for unforeseen loss or damage incurred by you in connection with the your2050 Platform, in connection with the use, inability to use or results of the use of the your2050 Platform, howsoever caused. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these User Terms, both we and you knew it might happen.
We have no liability to you for any (i) loss of profit; (ii) loss of business; (iii) business interruption; or (iv) loss of business opportunity.
YOUR USER ACCOUNT
You will need to create a your2050 user account in order to use a Public Community and your Private Community. When providing an email address or password for your user account, or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for keeping your account details safe and you must not disclose that information to anyone else.
We have the right to disable any user account, whether as part of a Public Community or a Private Community, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these User Terms.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at report@your2050.org.
USER GENERATED CONTENT IS NOT APPROVED BY US
Users of the your2050 Platform (including both Public Communities and Private Communities) will post, upload, input or submit (“post”) content, including in proposals, comments and suggestions.
This content has not been verified or approved by us and we are not responsible for it. The views expressed by other users do not represent our views or values. We do not in any way endorse, support, represent, guarantee or confirm the accuracy or reliability of any content posted by other users.
We do not control any content posted by users, and we will not monitor or moderate such content. Although we require users to comply with our Acceptable Use Policy, other users may post content that is inaccurate, misleading, harmful, offensive or inappropriate, and you acknowledge that by using the your2050 Platform, you may be exposed to such content.
If you would like to report any content posted by other users, please contact us at report@your2050.org. We will swiftly investigate any reports and delete or remove any content as we consider necessary.
POSTING CONTENT TO THE your2050 PLATFORM
Whenever you post content to the your2050 Platform, or otherwise make content available to other users (for example, in any comments or suggestions you submit), you are solely responsible for that content.
You must comply with the content standards and conduct rules in our Acceptable Use Policy and any applicable laws (including data protection laws, see DATA PROTECTION below.)
You must have obtained all necessary rights, consents and licences with regard to any content that you post to the your2050 Platform, and to grant us the rights set out in RIGHTS YOU ARE GIVING US TO USE CONTENT THAT YOU POST below. This means that you cannot post any content which is subject to copyright or other proprietary rights, unless you are entitled to do so.
You represent and warrant that any content you post complies with our Acceptable Use Policy and applicable laws, and that you are entitled to post such content (as set out above). You understand that you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
If another user reports any content you post to the your2050 Platform, we reserve the right to delete or remove it for any reason (including if, in our opinion, the content does not comply with these User Terms). For example, we may remove content that violates the content standards set out in our Acceptable Use Policy, or that may constitute copyright or trade mark infringement.
RIGHTS YOU ARE GIVING US TO USE CONTENT THAT YOU POST
When you post content to the your2050 Platform, you grant us a worldwide, non-exclusive, fully paid up, royalty-free, perpetual, irrevocable licence (with the right to sublicense) to use, copy, reproduce, modify, adapt, distribute, display, publish, and process that content in any and all media or distribution methods without further consent, notice and/or compensation to you or others. This licence allows us to make your content available to the rest of the world, including for our promotional purposes (and to allow others to do the same).
By providing suggestions or other feedback regarding the your2050 Platform, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation to you.
DATA PROTECTION
In order to protect the anonymity of the your2050 Platform, you must not include personal information (whether relating to you or anyone else; for example, your name or anyone else’s name) in any content that you post, or in information that may otherwise be visible to other users (see our Acceptable Use Policy).
To the extent that personal information is contained in such content or information, you understand that we will process that information in accordance with the terms of our Privacy Policy. We encourage you to contact us at report@your2050.org to report any personal information about you or anyone else which has been posted on the your2050 Platform so that we can delete or remove it.
We will also process any personal information which we collect, or which you provide, when using the your2050 Platform (for example, your user account details and technical information about the device(s) you use to access the your2050 Platform) in accordance with our Privacy Policy.
WE ARE NOT OBLIGED TO BACK-UP CONTENT
Public Communities: We may from time to time back-up the content which users post to a Public Community in the normal course of our operations. However, we cannot guarantee that you will always be able to access or retrieve the content (or the most recent version of the content) which has been posted by you or other users.
Your Community: Unless we have agreed otherwise with your Private Community Subscriber, the following will apply. We may from time to time back-up the content which users post to your Private Community in the normal course of our operations. However, we cannot guarantee that you will always be able to access or retrieve the content (or the most recent version of the content) which has been posted by you or other users.
In each case, you should take your own copy of any content you may wish to keep. See also OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
WE MAY UPDATE OR MODIFY THE your2050 PLATFORM
From time to time as the your2050 Platform evolves, we may make updates or modifications to improve its functionality, enhance performance, reflect changes to users' needs, address security issues or for other purposes.
These updates or modifications may result in loss of content or data within the your2050 Platform. We reserve the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of content or data.
AVAILABILITY OF THE your2050 PLATFORM
The your2050 Platform is designed to be operated on a wide range of devices. However, we do not guarantee that the your2050 Platform, or any content on it, can be accessed and used on all devices, nor do we guarantee that the your2050 Platform is available in all geographic locations.
While we try to ensure that the your2050 Platform will always be available or be uninterrupted, we cannot guarantee it will be. For example, we rely on the hosting and support services of third parties which may mean the availability of the your2050 Platform is out of our control. We may also suspend, withdraw or restrict the availability of all or any part of the your2050 Platform for business, technical and/or operational reasons. Where we are able to do so, we will try to give you reasonable notice of any suspension or withdrawal.
As a Public Community User, we will not be liable to you if, for any reason, the your2050Platform is unavailable at any time.
As a Private Community User, unless we have agreed otherwise with your Private Community Subscriber, we will not be liable to you if, for any reason, your Private Community is unavailable at any time.
HOW YOU MAY USE MATERIAL ON THE your2050 PLATFORM
We are the owner or the licensee of any and all intellectual property rights in the your2050 Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the your2050 Platform for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must always acknowledge our status (and that of any identified contributors) as the authors of content on the your2050 Platform.
You must not use any part of the content or materials on the your2050 Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the your2050 Platform in breach of these User Terms, your right to use the your2050 Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the your2050 Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
DO NOT RELY ON THE INFORMATION ON THE your2050 PLATFORM
Any content which we provide on the your2050 Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the your2050 Platform. (For more information about content provided by other users see USER GENERATED CONTENT IS NOT APPROVED BY US, below.)
Although we make reasonable efforts to update the information which we provide on the your2050 Platform, we make no representations, warranties or guarantees, whether express or implied, that it is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We take appropriate measures in accordance with good industry practice to ensure the your2050 Platform is secure, but we cannot guarantee that it will be secure or free from bugs or viruses. You should use your own virus protection software.
You must not misuse the your2050 Platform 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 the your2050 Platform, the server on which the your2050 Platform is stored or any server, device or database connected to the your2050 Platform. You must not attack the your2050 Platform 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 the your2050 Platform will cease immediately.
To the fullest extent permissible by law, we will not be liable to you for any loss or damage caused by a distributed denial-of-services attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the your2050 Platform or to your downloading of any material posted on it, or any website linked to it.
RULES ABOUT LINKING TO THE your2050 PLATFORM
You may link to the your2050 Platform, 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 where none exists.
You must not establish a link to the your2050 Platform in any website that is not owned by you.
The your2050 Platform must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on the your2050 Platform other than that set out above, please contact us at report@your2050.org.
LAWS APPLYING TO ANY DISPUTES
These User Terms are governed by English law. You and we both agree that if either of us wish to bring legal proceedings, the courts of England and Wales will have exclusive jurisdiction (except that if you are a resident in another jurisdiction, in which case you may also bring proceedings in your home jurisdiction).
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform:
Online Dispute Resolution
DEALING WITH OTHERS
We may transfer our rights and obligations under these User Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may not transfer your rights under these User Terms to another person.
Only you and we can enforce these User Terms. They do not confer any rights on any persons who are not party to these User Terms.
MISCELLANEOUS
Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these User Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these User Terms, or if we delay in taking steps against you in respect of you not complying with these User Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Any words following the terms including, include, in particular, for example or any similar expressions are illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
February 2019
YOUR AGREEMENT TO THESE USER TERMS
By clicking on the “Accept” button below, you confirm that:
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you are at least 16 years of age; and
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you have read and agree to be bound by these User Terms.
If you do not agree to these User Terms, do not click the “Accept” button below. This will mean you cannot use the your2050 Platform.
Your agreement to these User Terms will become effective immediately.
We may amend these User Terms (and the other terms which we refer to in them) from time to time. Please check them regularly to ensure you understand the terms that apply at that time. By continuing to access or use the your2050 Platform after those amendments become effective, you agree to be bound by those terms.