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Contributor Terms

These Core Terms of Service, Privacy Statement and Community Guidelines (the “Contributor Terms'') govern Your access to or use of the online platform and services generally described at www.communitylab.app and any noted associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (the ”Platform”) offered or made available by Aiguablava Ltd (SC582145). or any of its parent entities, subsidiaries, and corporate affiliates (“Community Lab” "We" "Us" or “Our").

You should read these Contributor Terms carefully to ensure that you understand your obligations hereunder. If you do not agree to comply with and be bound by these Contributor Terms, you must stop using the Platform immediately.

These Contributor Terms and the Community Guidelines incorporated herein by reference, form a legally binding contract between You and Us.

Review Our Privacy Statement for more information on how we collect and use data when using the Platform. The Privacy Statement and each of the referenced policies are evolving documents but also form an important part of these Contributor Terms.

1. What we mean by saying... 
Throughout these Contributor Terms we will use certain phrases to help explain the rules around using our Platform, some of which are explained in this section:

means the account signed up for by the user to access certain areas of the Platform;
means additional support that may be purchased from time to time by You from Us to enhance your usage of the Platform;
means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Platform;
means an interaction made with the Platform that brings about the sharing of an item or items regardless of their medium or format, whether or not it is based on fact, concept, opinion or an idea to the Network. Contributions should be considered publicly shared to the Network;
"Resharing Rules"
means restriction implied by a Contributor upon sharing Content to a specific Sub-Audience. Content may not be shared outside of this Sub-Audience except by the original Contributor of the Content;
“Collaborations” or “Collaborate”
means when You Use a Contribution with another member of the Network or interact with a Contribution that has been shared by another member of the Network on the Platform. Collaborations should be considered publicly shared to the Network;
means make use of, see, develop, evolve, sell, repurpose, share, evolve/progress and/or change;
means the collection of Contributors that are hosted on the Platform for the purposes of sharing Contributions;
means a segment of the Network that is grouped; Contributions shared to a Sub-Audience shall be private to that audience;
means a member of the Network, be they an individual, business and/or group that opened an Account and makes use of or accesses the Platform for their own purposes or the purposes of that wider entity.

2. What you see is what you get...

Community Lab is the host for each of the Network’s Contributors but is only responsible for the Platform and Your access thereto; We are not responsible for, related to or connected with any Contributor or their Content. Understand that:

Access to the Platform is free of charge

2.2 Service may be made available to you from time to time and may

  • bare additional terms and conditions that shall be in addition to the Contributor Terms; and
  • cost a fee to enable Contributors to access or use the Services.

2.3 It is your responsibility to make any and all arrangements necessary in order to access the Platform.

2.4 Access to the Platform is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue the Platform (or any part of it) at any time and without notice.  We will not be liable to you in any way if the Platform (or any part of it) is unavailable at any time and for any period.

2.5 Where Services have been purchased and are in use, we will endeavour to maintain those Services with as little delay as possible and will provide Contributors with as much notice as practicable when disruption or variation to those Services is anticipated.

3. Being an Account Holder...

Being the Contributor or designated account holder is an important role and each of Our Contributors are personally responsible for their Account(s). As a Contributor you agree to the following:

3.1 By creating an Account, You agree to these Contributor Terms and express Your understanding of the Community Guidelines.

3.2 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

3.3 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

3.4 The Contributor is wholly responsible for any and all Contributions made on their Account;

3.5 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as described by Our Privacy Statement.

3.6 If you wish to close your Account, you may do so at any time.  If you close your Account, any Contributions you have made on the Platform will be either anonymised or removed at Our sole discretion; this will be accomplished through dissociating Your account from each of its associated Contributions or removing the Contribution from the Platform entirely upon termination of your Account.

4. Who Owns What...

The reason Community Lab was created was to promote the sharing, dissemination and evolution of ideas. With this borderless sharing it's important that each Contributor understands their role on the Platform and wider Network.

In addition to the rules set out by the Community Guidelines, you must:

4.1 Reference any author, owner or source that is NOT You;

4.2 Understand that Community Lab is not the owner and is not responsible for any of Contributions made on the Platform and that the Contributor shall indemnify and hold harmless Community Lab of the same;

4.3 Not be in contempt of any contracts, laws or regulations when sharing your Contribution(s);

4.4 Not pass off another's property as Your own;

4.5 Only make Contributions that You wish others Use and Collaborate with;

4.6 Only make Contributions that other members of the Network may use freely and without consequence unless mutually agreed in good faith and You grant the Network an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of Your Contribution for any purpose deemed appropriate subject to the Resharing Rules;

4.7 Not undermine the Resharing Rules of a Contributor by sharing a Contribution outside of the Intended Audience

4.8 Be prepared to waive control over the Content shared by way of Your Contributions;

4.9 Agree to indemnify and hold harmless Community Lab against any and all claims or causes of action that may arise as a result of Your Contributions to the full extent of the Law;

4.10 Agree to remain the owner and solely responsible party for your Contributions and Collaborations, of which your responsibility thereto shall not lapse, be superseded or expire;

5. Collaborating and repurposing...

5.1 You and other members of the Network may from time to time Use and Collaborate with existing Contributions. This is vital to the growth of the Network and the evolution of ideas but by using the Platform you agree that Community Lab is not responsible:

a) for the Contribution(s) that you Use in partnership with other members of the Network or as a sole Contributor;

b) for the Collaborations that You partake in;  

c) Your Use of another member's Contribution;

d) for other member’s Use or Collaboration (with or without You) of a Contribution You have made;

e) the Collaborations made by other members of the Network; and

5.2 You must at all times make Collaborations in accordance with these Contributor Terms and the Community Guidelines.

5.3 When making Use of another members Contribution You understand the importance of ensuring that by making Use of the Contribution You will not be breaching any registered trademarking and other such restrictions of Use; You are solely responsible for:

a) Performing Your own due diligence;

b) Covering the costs and ensuring that You are not breaking any Laws;

c) Seeking permission to Use a Contribution when You are required to do so.

6. What we know as acceptable usage...

In addition to the Community Guidelines and any other policy We put in place from time to time, We have outlined here additional rules regarding the usage of the Platform:  

6.1 You may only use the Platform in a manner that is lawful and that complies with the provisions of this Clause 6.  Specifically:

6.1.1 you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

6.1.2 you must not use the Platform in any way, or for any purpose, that is unlawful or fraudulent;

6.1.3 you must not use the Platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

6.1.4 you must not use the Platform in any way, or for any purpose, that is intended to harm or cause distress to any person or persons in any way.

6.2 When submitting Contributions (or communicating in any other way using the Platform), you must not submit, communicate or otherwise do anything that:

6.2.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;

6.2.2 promotes violence;

6.2.3 promotes or assists in any form of unlawful activity;

6.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

6.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or is reasonably thought to embarrass an individual;

6.2.6 is calculated or is otherwise likely to deceive;

6.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

6.2.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2);

6.2.9 implies any form of affiliation with Community Lab;

6.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

6.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6.3 We reserve the right to suspend or terminate your Account and/or your access to the Platform if you materially breach the provisions of this Clause 6 or any of the other provisions of these Contributor Terms.  Specifically, We may take one or more of the following actions:

6.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access the Platform;

6.3.2 remove any Contribution(s) submitted by You that violate(s) any of these Contributor Terms;

6.3.3 issue you with a written warning;

6.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

6.3.5 take further legal action against you as appropriate;

6.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

6.3.7 any other actions that We deem reasonably appropriate (and lawful).

6.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Contributor Terms.

6.5 You may not link to the Platform from any other site the content of which contains material that could infringe the rules set out in this Clause 6.

7. Links to Other Sites...

Links to other sites may be included on the Platform. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on the Platform is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

8. Advertising...

Advertising and sponsorship may be featured on the Platform by third parties.  We are not responsible for the content of any advertising or sponsor shared material. Each advertiser and sponsor is responsible for the content of their own advertising material.  We will not be responsible for any advertising on the Platform including, but not limited to, any errors, inaccuracies, or omissions.

9. Some additional formal disclaimer stuff...

9.1 Nothing on the Platform constitutes advice on which you should rely.  It is provided for general information and collaborative purposes only.  Professional or specialist advice should always be sought before taking any action relating to the Use of any contributions shared by the Network.

9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that the Platform will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

9.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from the Platform damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.4 We make reasonable efforts to ensure that Our Content on the Platform is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

9.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted to the Network.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

10. Summary of Our areas of liability...

10.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Platform or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is in the form of Posts submitted by Users) included on the Platform.

10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Platform or any Content (including Posts) included on the Platform.

10.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.4 We exercise all reasonable skill and care to ensure that the Platform is free from viruses and other malware and We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Platform (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on the Platform.

10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.6 Nothing in these Contributor Terms excludes or restricts Our liability for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security...

11.1 We exercise all reasonable skill and care to ensure that the Platform is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Platform.

11.4 You must not attempt to gain unauthorised access to any part of the Platform, the server on which the Platform is stored, or any other server, computer, or database connected to the Platform.

11.5 You must not attack the Platform by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use the Platform will cease immediately in the event of such a breach.

12. Changes to these Contributor Terms...

12.1 We may alter these Contributor Terms at any time. Any such changes will become binding on you upon your first use of the Platform after the changes have been implemented.  You are therefore advised to check this page from time to time.

12.2 In the event of any conflict between the current version of these Contributor Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

13. Law and Jurisdiction...

These Contributor Terms, and the relationship between You and Community Lab (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

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