PORTAL USE POLICY

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE PORTAL

 

What's in these terms?

 

This Portal use policy sets out the content standards that apply when you upload content to the Portal or any website hosted on thePortal, or when you make contact with other users on thePortal, link to thePortal, or interact with thePortalor any other users of the Portal in any other way.

  

By using the Portal you accept these terms

 

By using the Portal, you confirm that you accept the terms of this policy and that you agree to comply with them.

 

If you do not agree to these terms, you must not use the Portal.

 

We recommend that you print a copy of these terms for future reference.

 

There are other terms that may apply to you

 

The terms set out in your ‘Master Agreement’ with BYLalso apply to your use of the Portal.

 

We may make changes to the terms of this policy

 

We amend these terms from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 8^th January 2020.

 

Prohibited uses

 

You may use the Portal only for lawful purposes.  You may not use the Portal:

 

• in any way that breaches any applicable local, national or international law or regulation;

 

• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

 

• for the purpose of harming or attempting to harm minors in any way;

 

• to bully, insult, intimidate or humiliate any person;

 

• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards

 

• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

 

• 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.

 

You also agree:

 

• not to reproduce, duplicate, copy or re-sell any part of the Portal in contravention of the provisions set out in your Master Agreement with BYL;

 

• not to access without authority, interfere with, damage or disrupt:

 

• any part of the Portal;

 

• any equipment or network on which thePortal is stored;

 

• any software used in the provision of the Portal; or

 

• any equipment or network or software owned or used by any third party.

 

Interactive services

 

We may from time to time provide interactive services on the Portal, including, without limitation:

 

• chat rooms;

 

• bulletin boards; and

 

• comments feeds.

 

Where we do provide any interactive service, 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 minors) from third parties when they use any interactive service provided on the Portal, 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 we provide on the Portal, 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 minor children to use an interactive service that it is important that they communicate with their minor children about their safety online, as moderation is not fool proof. Minor children who are using any interactive service should be made aware of the potential risks to them.

 

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.

 

Content standards

 

These content standards apply to any and all material which you contribute to the Portal (Contribution), and to any interactive services associated with it.

 

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

BYL will determine, in its discretion, whether a Contribution breaches the Content Standards.

 

A Contribution must:

 

• be accurate (where it states facts);

 

• be genuinely held (where it states opinions); and

 

• 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 sexual abuse material of any kind including but not limited to the sexual abuse of minors;

 

• promote violence;

 

• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 

• infringe any copyright, database right or trademark 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 BYL, 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;

 

• advocate self-harm or suicide;

 

• 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; or

 

• contain any advertising or promote any services or web links to other sites.

 

Breach of this policy

 

When we consider that a breach of this Portal use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this Portal use policy constitutes a material breach of the terms of your master agreement with BYL upon which you are permitted to use the Portal, and may result in our taking all or any of the following actions:

 

• immediate, temporary or permanent withdrawal of your right to use the Portal;

 

• immediate, temporary or permanent removal of any Contribution uploaded by you to the Portal;

 

• issue of a warning to you;

 

• instituting 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;

 

• legal proceedings for loss of profits or reputation resulting from the breach; and

 

• 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 Portal 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.

 

Which country's laws apply to any disputes?

 

In using the Portal you agree 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 consumer resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer 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. We both agree to the exclusive jurisdiction of the courts of England and Wales.