Acceptable use policy

Date: 27 JUNE 2020

PLEASE READ THE TERMS OF THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING POWthat!

WHAT’S IN THESE TERMS? 

This acceptable use policy sets out the content standards that apply when you upload content to POWthat!, make contact with other POWthat! users, link to POWthat!, or interact with POWthat! in any other way.

WHO WE ARE AND HOW TO CONTACT US 

www.pow.chcdigital.com is a site operated by Pow That Ltd (“We”).  We are registered in England and Wales under company number 11955369 and have our registered office at 10th Floor Met Building, 22 Percy Street, London, United Kingdom, W1T 2BU. 

To contact us, please email contactus@pow.chcdigital.com.

1. 1. By using POWthat!, you confirm that you accept the terms and conditions of this policy and that you agree to comply with them.
   1. If you do not agree to these terms, you must not use POWthat!.
   1. We recommend that you print a copy of these terms for future reference.
   1. The POWthat! Terms of Use also apply to your use of POWthat!, as well as any other documents referred to in the Terms of Use. 
2. 1. You may use POWthat! only for lawful purposes. You may not use POWthat!:
      1. In any way that breaches any applicable local, national or international law or regulation.
      1. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
      1. For the purpose of harming or attempting to harm minors in any way.
      1. To bully, insult, intimidate or humiliate any person.
      1. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [INSERT AS LINK TO CLAUSE 4 BELOW (CONTENT STANDARDS)].
      1. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      1. 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.
   1. You also agree:
      1. Not to reproduce, duplicate, copy or re-sell any part of POWthat! in contravention of the provisions of the Terms of Use
      1. Not to access without authority, interfere with, damage or disrupt:
         1. any part of POWthat!;
         2. any equipment or network on which POWthat! is operated or stored;
   1. 2. any software used in the provision of POWthat!; or
         1. any equipment or network or software owned or used by any third party.
3. 1. We may from time to time provide interactive services on POWthat!, including, without limitation:
      1. Chat rooms.
      2. Bulletin boards.

• Where we do provide interactive services, we will provide clear information to you about the kind of service offered, if it is moderated, and what form of moderation is used (including whether it is human or technical).
  • We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service available on POWthat!, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
  • The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them, and their use of POWthat! should be under the supervision of their parent or guardian.
  • Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
• • These content standards apply to any and all material which you contribute to POWthat! (Contribution), and to any interactive services associated with it.
  • The Content Standards must be complied with at all times, and apply to each part of any Contribution as well as to its whole.
  • We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
  • A Contribution 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.
  • A Contribution 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 or trade mark 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 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.
    • Give the impression that the Contribution emanates from us, if this is not the case.
    • 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.
    • Contain any advertising or promote any services or web links to other sites.
• • When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
  • Failure to comply with this acceptable use policy constitutes a material breach of the POWthat! Terms of Use upon which you are permitted to use POWthat!, and may result in our taking all or any of the following actions:
    • Immediate, temporary or permanent withdrawal of your right to use POWthat!.
    • Immediate, temporary or permanent removal of any Contribution uploaded by you to POWthat!.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (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.
  • We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
• • If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
  • If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree to the exclusive jurisdiction of the courts of England and Wales.