YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT

Website Terms and Conditions of Use

1. Introduction

This Website, www.bespoken.me or bespoken.ning.com (“the Website”) is operated by or on behalf of the Blackwood Housing and Care. Your use of the Website is regulated by these Terms and Conditions (“the Terms”). By joining and using the Website, you are demonstrating that you accept the Terms and agree to be bound by them. If you do not accept the Terms either in whole or in part, you should stop using the Website immediately.

2. Purpose of Website

We are a charity which seeks to promote and enhance independent living for the elderly and individuals with disabilities. We have created this social media Website so that you can share your insights, tips, frustrations, ideas and expertise about design and technology and how it affects your independence. The Website will also provide you with a link to researchers, designers, technology companies and product developers so that you, the real experts in independent living, will have a stake at the design stage – making things better for all!

3. Access to the Website

Access to the Website is by invitation only. If you are one of the 'lucky people' and are invited to join, you will have to create an account in order to use the Website. When creating your account, please make sure that the information you provide is accurate and complete.

You are responsible for safeguarding your account password for the Website. If you become aware that anyone has used your account without authority, or of any other breach of security in relation to your account, it is important that you notify us immediately.

4. Use of the Website

You are solely responsible (to us, and to others) for all activity that occurs under your account including all text, ideas, information, graphics, photos, audio and video clips and other content that you post on the Website. 

You must only use the Website to post messages and upload content that is proper, in consideration of the purposes of the Website, and relates to your own experience. For example, posting your latest holiday photographs is unlikely to be appropriate unless they relate to something to do with the Website!

We really hope that you will freely share your thoughts and ideas in order to make the Website a success; after all, we've put a lot of work into it. However, please note that in light of the purpose of the Website, your ideas and information may be used by us, by other users and by companies to develop products to assist with independent living. Therefore, if you have an idea which you don't want other people to use, please do not post it on the Website.

In using the website you should be courteous to other users and their feelings at all times – remember, it’s nice to be nice. In particular, you agree not to post, upload, or otherwise send any content (or links to material) which:

• Is threatening, abusive, malicious, defamatory, obscene, indecent pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in the United Kingdom;

• Harasses any person;

• Contains personal attacks on others;

• Relates to gambling;

• Is unlawful or which encourages the commission of a criminal offence;

• Contains a virus, worm, Trojan or other hostile computer program;

• Infringes any intellectual property rights or data protection rights of any third party (including, without limitation, using the Website for the purposes of direct marketing or posting on the Website personal or private information about any other person); or

• Is intended to advertise any goods or services or is otherwise commercial in nature.

We hope that you will not do any of the above but it had to be said.

We have the right to request the removal of any content which (in our absolute discretion) is not appropriate for the Website or which otherwise is in contravention of the Terms.

5. Ownership of content provided by you

We do not claim ownership of any of the content you provide to us, or post, upload, input or submit to the Website including feedback and suggestions. However, by providing such content you grant us an irrevocable, perpetual, royalty-free worldwide licence (this is a lot like renting it to us forever) which allows us to share, use, alter, edit or adapt the content as we see fit including the right to sub-licence to others at our discretion. You also give us a licence to deal with your postings as necessary to perform technical and administrative functions in running the Website. Without this licence we would be unable to provide the Website.

You consent to us not attributing authorship to you at all or contacting you to gain consent that your real name be used. We will not publish you real name without your permission.

If you do not want content to be used as set out above, please do not provide it to us. Once you have provided it, you cannot withdraw or retract the posting or your licence and consents.

6. Intellectual Property Rights

The copyright in the content of this Website (except where otherwise stated) is owned by us. This includes the text and graphics used, contained or displayed on the Website and any content which is available to download from the Website. This means that you cannot use any the content of the Website (or any part of it) for any commercial purpose (e.g. you can't use it to set up your own website – that wouldn't be very nice) unless we provide you with prior consent in writing.

We also own all trade marks, service marks and other intellectual property contained in or relating to the Website, unless otherwise stated, so you can't use them either unless we give you authority in writing to do so.

We respect the intellectual property rights of others and ask you to do the same so please do not post copyrighted material or trademarks which belong to other people without their permission. If you want to use or copy other users' postings, you will need permission from the user who has made this posting.

By using the Website you may learn about new products which are being developed. Your input will help companies to design better and more efficient products but this doesn't mean that you have the right to claim their ideas as your own as this would be an infringement of their intellectual property rights.

If you believe any content on the Website infringes your intellectual property (or any of your other legal rights), please contact us as soon as possible in line with our complaints procedure, set out below.

7. Links to other websites

The Website may contain links to websites operated by other parties. These links are suggested for information only and our inclusion of links to such websites does not mean that we endorse views, statements or information contained in such websites. You should exercise care when visiting any external sites linked from the Website and remember such external sites will have their own terms and conditions.  We do not accept liability for any information contained on any external site.  If you think that the content of any external site linked from the Website is illegal, immoral or offensive please let us know by sending an e-mail to bespoken@blackwoodgroup.org.uk.

8. Alteration of Terms and Conditions

We may update or modify these Terms from time to time. Any such changes will be effective from the date we post them on the Website. If you continue to use the Website, you indicate that you accept the changes to the Terms.

9. Complaints/Report Abuse

We take copyright, trademark, defamation and other laws seriously. If you think a post or other content is infringing the Terms or anyone's legal rights, please let us know immediately. We will endeavour to investigate all complaints as quickly as possible and where the dispute is of a criminal or otherwise illegal nature, we will refer the matter to the appropriate body. We will take the action which we think is necessary, including removing the posting or banning the relevant user.

If you have any cause for complaint about this Website we would like to hear about it. Please let us know the problem by following the complaints procedure below:

i) Contact us by sending an email to the following email address: bespoken@blackwoodgroup.org.uk

ii) In your email complaint please: identify the issue; provide details of your complaint as thoroughly as possible; and provide information so that we can easily contact you.

iii) We reserve the right to obtain additional information regarding this complaint from you.

iv) We will investigate your complaint and reply to you where appropriate.

v) Removal of postings is at our discretion, except if the content is illegal. If you're not happy with the outcome of the complaint please contact The bespoken team by emailing bespoken@blackwoodgroup.org.uk.

10. Use of Information

Your privacy is important to us. Please see our privacy policy for details of how we deal with and use the information you submit to us through the Website.

11. Liability

The information on the Website is published “as is” for general informational purposes only. It represents the opinions and experience of users and does not represent our opinion or experience. 

We are not responsible to you or anyone else for any loss, damage, liability, cost or expense suffered in connection with content posted on the Website or use of the Website. Without limitation we make no warranties (express or implied) or representations about the Website and the content and exclude, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website. If you are relying on any information posted on the Website you do so at your own risk. We will not be liable for any indirect, incidental, special or consequential loss, or loss of business profits or revenue arising out of the use of the Website.

We have taken, and will continue to take, reasonable steps to ensure that the Website and all information which is published on the Website is accurate and virus-free.  We cannot however guarantee (and make no representations whatsoever):

• that material, information or data obtained from or through this Website is complete, accurate or not an infringement of any party’s intellectual or other property rights; or

• that material, information and data submitted via this Website will be fully secure; or

• that material, information and data obtained from or through this Website will meet your requirements; or

• that your access to or use of this Website will be uninterrupted, timely or error-free; or

• that the Website, its content and/or any material which is available to download from the Website is free of viruses, bugs or Trojans.

We recommend that you employ your own virus detection and protection measures when accessing the Website.

Nothing in the Terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.

You will pay us any costs and damages we suffer in respect of any action raised against us in connection with any breach by you of these Terms.

13. Provision of Website

We do not make any guarantees that the Website will be available on an uninterrupted, secure or error-free basis. 

We reserve the right to cease the provision of the Website at any time whether on a temporary or a permanent basis. 

14. Termination

Use of the Website is subject to compliance with these Terms. You acknowledge and agree that, at our sole discretion, we may terminate and/or suspend your access to the Website if you fail to comply with the Terms.

We also reserve the right to restrict or terminate your use of the Website at our sole discretion.

15. General

The Terms describe the entire agreement between you and us and supersede any prior understandings or agreements.

The Terms shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the Website, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access

You must be 13 years of age or over to use the Website. By agreeing to these Terms you are acknowledging that you are 13 years of age or over.