Citizen Literacy Terms & Conditions of Service
NB. For a Plain English Summary of these Terms & Conditions (T&C) of Service please see the notes at the end of this web page.
THE AGREEMENT
Citizen Literacy Community Interest Company (“CL CIC”, “Our”, “Us”) is a company registered in Scotland, registration number SC671958.
Our main office is at 9 Inverallan Drive, Bridge of Allan, Stirling, FK9 4JR. If you wish to contact us please use this email address; info@citizenliteracy.com.
The following agreement (“this Agreement”) describes the terms and conditions on which CL CIC offers you access and use of material found on this website (“the Service”). This offer is conditional on your agreement to all the terms and conditions contained in this Agreement, including your compliance with policies, guidelines and terms linked by way of Titles and URLs in this Agreement (“Terms & Conditions of Service”).
Policies and Notices that are part of this Agreement
Copyright and Legal Notices: https://citizenliteracy.com/copyright-and-licensing/
Privacy and Data Protection policy: https://citizenliteracy.com/privacy-policy/
Accessibility Statement: https://citizenliteracy.com/accessibility-statement/
By using the Service or by exercising any rights provided to parts of it, you accept and agree to be bound by the “Terms and Conditions of Service”. CL CIC only grants you the rights contained in this Agreement in consideration of your acceptance of the Terms and Conditions of Service.
If you do not agree to the Terms and Conditions of Service you should not use the Service and therefore decline this Agreement, in which case you are prohibited from accessing and/or using the Service. CL CIC may amend this Agreement at any time at its sole discretion, effective upon posting the amended agreement on this site. No variation or counteroffer of this Agreement will be accepted by CL CIC.
1. The Service
1.1 Citizen Literacy is a website which aims to support adult learners to improve their reading and writing skills. It does this by providing a free learner web app for learners and tutors to use. It also provides a tutor platform that requires users to register and pay an annual fee. The tutor platform provides a range of functions to support tutors and their learners, including the ability for registered tutors to communicate with learners via the learner app
1.2 You acknowledge that CL CIC is a service provider that may allow people to interact online regarding topics and content chosen by users of the Service and that users can alter the Service environment on a real-time basis. As part of the nature of the Service, CL CIC does not always or will not always be able to regulate the content/communications created and made available by users of the Service or otherwise. As a result, CL CIC has limited control, if any, over the quality, morality, legality, truthfulness or accuracy of various aspects of the Service.
1.3 You acknowledge that: (1) by using the Service you may have access to graphics, sound effects, music, video, audio, computer programmes, animations, text and other creative output (“Content”); and (2) Content may be provided by CL CIC or by others such as the registered tutor users of the Service (“Content Providers”).
1.4 You acknowledge that CL CIC and other Content Providers have rights in their respective Content under copyright and other applicable laws and that except as described in this Agreement that such rights are not transferred by mere use of the Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You agree that your creation of Content is not in any way based upon any expectation of compensation from CL CIC. You acknowledge that this Agreement does not assign or transfer ownership, title or interest of the Intellectual Property rights in the Service to you.
2. Licences and IPR
2.1 Subject to the terms of this Agreement, CL CIC hereby grants you a non-exclusive, and revocable licence to access and use the Service and use the content in the Service in accordance with the Terms and Conditions of Service for as long as you are in compliance with such Terms & Conditions of Service.
2.2 Users of the Service can create Content in the Service in various forms. CL CIC acknowledges and agrees that, subject to the Terms and Conditions of Service, you will retain any and all applicable copyright and any other intellectual property rights with respect to any Content you create using the Service, to the extent that you have such rights under applicable law.
2.3 Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Service, you agree to publish your Content under the terms of the Service licence.
2.4 Rights you Grant
The Service provides a publishing platform for registered tutor users to create Content and publish it in the Service. To enable the provision of this service you grant CL CIC a non-exclusive licence to publish your content. You retain all of your ownership rights in your Content. However, we do require you to grant certain rights to YouTube and other users of the Service, as described below.
2.5 Licence to CL CIC
By providing Content to the Service, you grant to CL CIC a worldwide, non-exclusive, royalty-free, transferable, sub-licence-able licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.
2.6 Licence to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
2.7 You agree to use all best efforts to ensure that your Content does not infringe any Intellectual Property rights of a third party.
2.8 You agree that even though you may retain certain copyright or other intellectual property rights with respect to the Content you create while using the Service, you do not own the account you use to access the Service, nor do you own any data CL CIC stores on CL CIC servers submitted by others. Your intellectual property rights do not confer ownership of others’ data stored by or on behalf of CL CIC.
3. Citizen Literacy Community Guidelines
3.1 You agree to read and comply with the following Citizen Literacy Community Guidelines
When using the Service, you agree not to:
• upload or transmit any material which contains any bugs, viruses, worms, Trojan horses, or other harmful or disruptive elements; or
• disrupt, interfere with or restrict the use of our Service by other users; or
• reproduce or otherwise use any part of our Service in contravention of these terms and conditions; or
• impersonate any other person or “out” any other person or create a false identity or attempt to gain unauthorised access to any part of our Service including any other user’s account; or
• upload, transmit or display any material which:
◦ is false, obscene, sexist, homophobic, racist, defamatory, illegal, abusive, threatening, or otherwise discriminatory, offensive or objectionable; or
◦ in our opinion is likely to bring us into disrepute or otherwise damage our reputation; or
◦ does not comply with any applicable legal, statutory and regulatory requirements, including any applicable codes of practice; or
◦ includes links to any other website containing material which, if it appeared on our Service, would be a breach of these terms and conditions.
We reserve the right at our absolute discretion to refuse, edit or remove any material or information uploaded, transmitted or displayed by you that in our opinion does not comply with these guidelines or is not otherwise suitable for our Service. However, we are under no obligation to moderate or monitor any material or information uploaded, transmitted or displayed by you or by other users of our website.
3.2 In addition to abiding at all times to the Citizen Literacy Community Guidelines you agree that you shall not: (a) take any action of upload post, e-mail or otherwise transmit Content that infringes or violates any third party rights; (b) impersonate any person or entity without their consent, including but not limited to a CL CIC employee, or falsely state or otherwise misrepresent your affiliation with a person or an entity; (c) upload, e-mail or otherwise transmit Content that violates any United Kingdom law or regulation; (d) upload, e-mail or otherwise transmit Content determined by CL CIC in its reasonable opinion to be libellous. You agree that CL CIC may take whatever steps it deems necessary to abridge or delete material on the Service in its sole discretion, without notice to you.
4. Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
4.1 As a condition of access to the Service, you release CL CIC from claims, demands, damages of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more users of the Service. You further understand and agree that CL CIC will have the rights but not the obligation to resolve disputes between users relating to the Service.
4.2 Any Content or other data residing on the CL CIC servers or the Service may be deleted, altered, moved or transferred at any time for any reason at CL CIC’s sole discretion without notice and without liability to you or any third party.
4.3 CL CIC provides the Service and Content strictly on an “as is” basis and use of the Service and/or Content is at your own risk. CL CIC hereby expressly disclaims all warranties or conditions of any kind to the extent permitted by law, including without limitation any merchantability or fitness for a particular purpose. To the extent permitted by law, CL CIC accepts no liability for loss suffered or incurred by the user or any third party as a result of their reliance on the Service and/or Content.
4.4 To the extent permitted by law, in no circumstances will CL CIC be liable to you or you liable to CL CIC for any loss resulting from a cause over which CL CIC or you do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems.
4.5 In no event shall CL CIC be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for loss of profits arising (whether in contract, tort or otherwise) out or in connection with the Service and or Content. In addition, in no event will the CL CIC’s cumulative liability to you for direct damages of any kind or nature exceed £50.00.
4.6 You agree to defend, indemnify and hold harmless CL CIC and users of the Service and Content from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any breach of this Agreement by you, or from your use of the Service. You agree to defend, indemnify and hold harmless CL CIC from all damages, liabilities, claims and expenses, including without limitation reasonable legal fees and costs, arising from any claims by third parties that your activity or Content in the Service infringes upon or violates any of their intellectual property or proprietary rights.
5. Privacy
5.1 You acknowledge and agree that CL CIC, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. CL CIC may share general, demographic or aggregated information with third parties about CL CIC’s user base and Service usage, but that information will not include or be linked to any personal information without consent. CL CIC agrees that when exercising these rights, it shall abide by the Data Protection Act, 1998 at all times.
6. Governing Law and Dispute Resolution
6.1 This Agreement and the relationship between you and CL CIC shall be governed by and construed in accordance with Scottish law. You and CL CIC agree that any dispute arising out of or in connection with this Agreement will be subject to and within the jurisdiction of the Scottish courts.
6.2 You and CL CIC agree to use best efforts to resolve disputes in an informal manner. Where you and CL CIC agree that a dispute arising out of or in connection with this Agreement would best be resolved by the decision of an expert, you and CL CIC will agree upon the nature of the expert required and together appoint a suitable expert by agreement.
6.3 Any person to whom a reference is made under Clause 6.2 shall act as an expert and not as an arbitrator and their decision (which shall be given by them in writing and shall state the reasons for his decision) shall be final and binding on the parties except in the case of manifest error or fraud.
6.4 You and CL CIC shall provide the expert with such information and documentation as they may reasonably require for the purposes of his decision.
6.5 The costs of the expert shall be borne by you and CL CIC in such proportions as the expert may determine to be fair and reasonable in all circumstances or, if no determination is made by the expert, by you and CL CIC in equal proportions.
7. General Provisions
7.1 This Agreement constitutes the entire understanding and agreement between you and CL CIC with respect to the subject matter hereof.
7.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation in force of the remainder of this Agreement.
7.3 The rights granted to you or CL CIC arising under this Agreement shall not be waived except in writing. Any waiver of any of your or CL CIC’s rights under this Agreement or of any breach of this Agreement by you or CL CIC shall not be construed as a waiver of any other rights or of any other or further breach. Failure by you or CL CIC to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
7.4 The section headings contained in this Agreement are for convenient purposes only and shall not affect the interpretation of this Agreement.
7.5 Where the context so implies, words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
7.6 All or any of CL CIC’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of CL CIC’s assets.
END OF AGREEMENT
Plain English Summary of the Citizen Literacy Terms & Conditions (T&C) of Service
Note: This summary is not a part of the Citizen Literacy Terms & Conditions of Service
THE AGREEMENT
Identifies who the CL CIC is and where it is based. Explains that by using this service you are agreeing to these T&Cs and accepting their legal validity and agreeing to abide by them and that you will not use the site other than on these terms. Reminds you that your behaviour is also governed by a number of other CL CIC policies that you have previously agreed to and gives you links to them.
1. The Service
Explains what the site and service is for and what it consists of and that the content is presented by users ‘as is’ and is not endorsed by the CL CIC for legality or accuracy. You accept that you will have access to content provided by other users and you understand that this access does not give you the right to misuse their content by using it in ways that break this agreement (e.g. by copying it and using it commercially) or their legal rights. You accept that any content you contribute to the site will not be paid for by the CL CIC.
2. Licences and IPR
The CL CIC gives you the right to use this service and content only in accordance with these T&Cs. The CL CIC does not seek to take ownership of any content that you create on this site that you already are the rightful owner of.
2.4 Rights you Grant
To enable the service to function, you grant CL CIC a licence to publish your content
2.5 Licence to CL CIC
This details the licence we require from you as a condition of your use of the service.
2.6 Licence to Other Users.
The details of the rights you grant to other users of the service to see and use your content
3. Citizen Literacy Community Guidelines
You agree to behave lawfully, reasonably and respectfully to others when using the site and that if you do not that we can remove your Content without asking your permission.
4. Releases, Disclaimers of Warranties, Limitation of Liability and Indemnification
You agree not to make any claims against the CL CIC if your Content is lost or damaged and that you and the CL CIC agree to resolve any disputed that arises. The CL CIC will not be responsible for the long-term preservation of your Content – that is your responsibility. The site Content may be changed and removed at any time by the CL CIC without notice and any liability to you or people who have contributed to your Content or to people who are using your Content.
The CL CIC makes no guarantee about the quality and accuracy of the Content on the site and does not accept any liability arising from the use of the Content and Service. If it is proved liable the CL CIC total liability to you will be limited to no more than £50. If the CL CIC is made liable for damages and claims and expenses arising from your actions that break the terms of the Agreement or your infringement of other people’s legal rights then you agree to compensate the CL CIC in full.
5. Privacy
You agree that the CL CIC may use some personal information about you, but only such as is needed to operate the Service and will not share your personal information with third parties without your permission. The CL CIC agrees that it will behave lawfully at all times in respecting your privacy.
6. Governing Law and Dispute Resolution
Scottish law will govern this agreement between you and the CL CIC.
You and the CL CIC agree to try to resolve any disputes that may arise between you, if necessary by using an agreed expert, whose costs will be shared between you and the CL CIC.
7. General Provisions
This agreement is what governs how you and the CL CIC work together. If one part of the agreement is found to be invalid the other parts shall not be made invalid. This agreement can only be changed in writing. Any change or breach to one part of the Agreement by either you or the CL CIC will not invalidate the Agreement now or in the future.