PENCOURAGE.COM TERMS OF WEBSITE USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
In these terms, "Content" means any information, text, graphics, videos, photos, links or any other materials which may be submitted, posted, uploaded or displayed on our Website.
OTHER APPLICABLE TERMS
INFORMATION ABOUT US
The Website is a site owned and operated by Soops Limited ("us", "we" or "our"). We are registered in Scotland under company number SC426057 and have our registered office at 5 Hollymount, Bearsden, Glasgow G61 1DQ. Our VAT Number is 151471137.
CHANGES TO THESE TERMS AND OUR WEBSITE
ACCESSING THE WEBSITE
The Website is made available free of charge for personal use only.
We do not guarantee or warrant that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website or any Content you have submitted to the Website is unavailable at any time or for any period.
This Website is not intended to be used by anyone under the age of 16.
You are responsible for making all arrangements necessary for you to have access to the Website.
YOUR ACCOUNT AND PASSWORD
You can only register for an account on the Website if you are over the age of 16.
You are responsible for your account and password and for any activities or actions (such as posting Content (as defined above)) used using your account. You must not disclose your account and password details to any third party. Your password must contain at least 5 letters and 1 number. We recommend that your password consists of a combination of upper and lower case letters, numbers and symbols.
We will not be liable for any loss or damage arising from any unauthorised use of your account.
We have the right to disable, suspend or terminate any account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms. If we decide to disable, suspend or terminate your account, we shall be under no obligation to provide you with a copy of any of your Content. Any decision to provide you with a copy of your Content shall be at our sole discretion.
If you know or suspect that anyone other than you knows your user account details and / or password, you must promptly notify us at email@example.com.
You have the right to request that your account be deleted and all of your Content to be removed. Please contact us at firstname.lastname@example.org if you wish to delete your account.
We will use reasonable efforts to maintain a back-up of your Content in the event that you wish to re-open your account, however we will not be responsible or liable for corruption or any other loss of any back-up or otherwise for the irreversible deletion of your journal entries. If you have confirmed you wish to delete your account, we are entitled to assume that you wish for your Content to be permanently removed and deleted from our systems.
UPLOADING CONTENT TO OUR SITE
You are solely responsible for the Content that you upload to the Website.
We will not be responsible for, or liable to any third party for, the content or accuracy of any Content posted by you or any other user of the Website.
You must not post to the Website any Content that identifies another person without first getting the consent of that person. If you do not have consent, posting that Content may be a breach by you of the Data Protection Act 1998 or equivalent legislation.
You warrant that your Content complies with these terms, including but not limited to the content standards set out below, and you will be liable to us and indemnify us for any breach of such warranty. This means you will be responsible for any loss or damage we suffer as a result of you breach of warranty.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We also have the right to disclose your identity to any law enforcement or other relevant bodies or authorities if, in our sole opinion, any of your Content indicates that the physical or mental health of you or any other person is, or is likely to be, at risk of harm.
We do not guarantee or warrant that the Website, or any Content on it, will be free from errors or omissions.
The views expressed by users on the Website do not represent our views or values.
LICENCE OF CONTENT
By submitting, posting, uploading or displaying any content to the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (with the right to sub-licence) to use, copy, reproduce, process, edit, adapt, modify, translate, reformat, publish, transmit, display, distribute, prepare derivative works of and otherwise commercialise such Content in any and all media or distribution methods (now known or later developed). You agree to waive any moral rights to may have to be named as the author of any Content.
You agree that this licence includes the right for us to use software which will automatically edit Content to correct spelling mistakes and remove inappropriate and offensive language.
You also agree that this licence includes the right for us to provide, promote and improve the Website and to make Content available to third parties (including but not limited to, other users, our commercial partners, suppliers, employees, sub-contractors and advertisers), subject to our terms and conditions for such Content use.
This licence will last in perpetuity and, for the avoidance of doubt, shall not cease in the event that: (i) any of your Content is removed from the Website; or (ii) your account is deleted or otherwise de-registered.
You shall not be entitled to any financial or other compensation, royalties or any other form of payment in connection with our use of your Content in accordance with this licence.
You may use the Website only for lawful purposes. You may not use the Website:
- 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 send, knowingly receive, upload, download, use or re-use any Content which does not comply with our content standards (set out below);
- 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 Website in contravention of the provisions of these terms; and
- not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
We may provide interactive services on the Website, including but not limited to, bulletin boards, chat rooms, message centres, forums, live chat systems and message boards.
We are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, 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 (set out below), whether the service is moderated or not.
Whenever you make use of a feature that allows you to upload Content to the Website, make contact with other users of the Website, or use any interactive services on the Website, you must comply with these content standards. The standards apply to each part of any Content as well as to its whole.
We have the right to remove any Content you upload to or post on the Website if, in our sole opinion, your Content does not comply with these content standards.
We reserve the right to report any such non-complying Content to law enforcement or any other relevant authorities and we will co-operate with those authorities by disclosing your identity to them.
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and
- comply with applicable law in the UK and in any country from which they are posted.
Content must not:
- contain material which identifies another person, unless you have the consent of that person;
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right, trade mark or other intellectual property right of any other third party;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- 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;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- seek to actively advertise, promote or market any (i) political or religious organisation or belief; or (ii) commercial brand, business, product or service, unless approved by us in advance;
- give the impression that they emanate from us, if this is not the case; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website, must always be acknowledged.
You must not use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from us.
NO RELIANCE ON INFORMATION
The Content on the Website is user-generated and is for general information only. It is not intended to amount to advice on which you should rely. We recommend that you obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
We employ technical support advisers to assist with any queries or concerns you may have about the Website. Our technical support advisers are qualified to provide technical advice on the operation of the Website only.
Although we make reasonable efforts to update the Website, we make no representations, warranties or guarantees, whether express or implied, that the Website is up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all: (i) conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied; and (ii) any liability for any acts or omissions of our technical support advisers.
We will not be liable to any user for any loss or damage, whether in contract, negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
The Website is not intended for business use, however if you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We do not guarantee or warrant that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your own information technology, network, computer programmes and/or platform in order to access the Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
LINKING TO THE WEBSITE
You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Website in any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on the Website other than that set out above, please contact email@example.com.
THIRD PARTY LINKS AND RESOURCES
In accordance with the Content Standards listed above, any active promotion, advertising or marketing of any: (i) political or religious organisation or belief; or (ii) commercial brand, business, product or service is strictly prohibited unless such promotion, advertising or marketing has been approved by us in advance.
Where the Website contains links to other sites and resources provided by third parties, including but not limited to where users have uploaded Content containing links to third party websites, these links are provided for your information only.
We have no control over the contents of such third party websites or resources. We are not responsible or liable for the availability or accuracy of any such websites or resources. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
"Pencourage" is a UK registered trade mark (Registration Number: UK00002642662) of Soops Limited. Any unauthorised use of this trade mark constitutes a violation of our intellectual property rights.
To contact us, please email firstname.lastname@example.org.
Thank you for visiting the Website.
PENCOURAGE PRIVACY AND COOKIES POLICY
We are committed to preserving and respecting your privacy. Please read the following Policy to understand how we use and protect the information that you provide to us.
The Website is a site owned and operated by Soops Limited ("us", "we" or "our"). We are registered in Scotland under company number SC426057 and have our registered office at 5 Hollymount, Bearsden, Glasgow G61 1DQ. For the purpose of the Data Protection Act 1998 ("the Act"), we are the data controller.
By using the Website or by otherwise providing us with your information you consent to the collection, storage, use and transfer of your information under the terms of this Policy.
INFORMATION WE COLLECT FROM YOU
We may collect information:
- that you provide to us when you register for an account or otherwise fill in any forms on our Website;
- if you contact us, we may keep a record of that correspondence;
- about your visits to our Website including, but not limited to, traffic data, location data, log data and other communication data (such as your IP (Internet Protocol) address, the date and time of your visits and your browser settings), whether this is required for our own billing purposes or otherwise and the resources that you access. When you visit the Website our servers automatically record this type of information;
- when you enter a competition or promotion sponsored by us;
- when you upload information to our Website including but not limited to, any journal entries; and
- where you complete surveys that we use for research purposes.
The type of information we collect from you may include:
- full name;
- contact information including email address;
- demographic information such as postcode, preferences and interests;
- photographs and videos; or
- other information relevant to customer surveys and/or offers.
USE OF YOUR INFORMATION
We may use your information:
- to enable us to supply you with the products, services and information which you have requested;
- to periodically send promotional emails to you in order to send you details of our new products, services or special offers which may be of interest to you;
- to analyse the information we collect from you in order that we can examine trends and patterns in the information and improve our products and services;
- to ensure that content from our Website is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- to notify you about changes or to contact you for your views on our services;
- to contact you for market research purposes;
- for our internal record keeping; and
- for all other purposes consistent with the proper performance of our operations and services.
We may contact you by email for market research purposes if you have ticked the relevant box situated on the registration form for opening an account. If you change your mind about being contacted in the future by any of these means, then please contact us at email@example.com.
If you do not want us to use your data in this way, please do not tick the relevant box situated on the registration form for opening an account.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 100 users posted or commented on a certain topic, or used a certain tag, during any set timeframe). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
WHERE WE STORE YOUR INFORMATION
All information you provide to us is stored on our secure servers.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff based outside of the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.
DISCLOSURE OF YOUR INFORMATION
The information you provide to us will be treated as confidential. However, we may disclose your information to other third parties who act for us such as our employees, officers, agents, or service providers as necessary for the purposes set out in this Policy or for purposes approved by you.
We may disclose your personal information to third parties:
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- to protect our rights and property, or our safety and our users' safety; and/or
- for the purposes of preventing or reporting any illegal or immoral activity.
YOUR RIGHTS - MARKETING
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing and transfer by not checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
YOUR RIGHTS - COPIES AND CORRECTIONS
You have the right to ask for a copy of the information held by us in our records in return for which we may charge a small fee. You also have the right to require us to correct any inaccuracies in your information.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website. Any transmission is at your own risk. We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Your data may be stored by third parties on our behalf. We, and our third party contractors, employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage.
Please help us keep our records updated by informing us of any changes to your e-mail address and other contact details.
LINKS TO OTHER WEBSITES
Our Website may contain links to other websites of interest. In particular, other users may post links to other websites in their journal entries or comments. If you use these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information you provide whilst visiting such sites and such sites are not governed by this Policy. You should exercise caution and check the terms and conditions and privacy policies which apply to third party websites.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer, if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
- Category 1 - Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Category 2 - Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Category 3 - Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Category 4 - Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
|Category||Cookie name||Purpose More||information|
||This Cookie Recognises you when you return to our site so you are logged in when navigating between pages without having to login each time.
||This cookie also improves end user experience by being abe to retrieve information from our database to pre-fill forms and issue relevant content more effectively.
||This cookie stores whether or not the user has a persistent log-in. i.e when a user logs in and ticks the 'remember me' box, the next visit will allow them in completely.
||Related to Google Analytics
||Related to Google Analytics
||Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.
||Related to Google Analytics
- if you click "No thanks" or otherwise follow the process to opt out of cookies, we will not store any cookies on your hard drive for the duration of your visit, however you may not be able to access all parts of our site, and you may be asked the same question about cookies the next time you visit the Website;
- if you click "Yes, that's fine", your consent will be saved and you will not be asked again about cookies on subsequent visits to the Website; or
Most web browsers allow some control of most cookies through the browser settings. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
CHANGES TO THIS POLICY
We may amend this Policy from time to time. If we make any substantial changes we will notify you by posting a prominent notice on the Website.
If you have any queries concerning your personal information or any questions on our use of the information then please contact us at email@example.com or 5 Hollymount, Bearsden, Glasgow G61 1DQ.