134 lines
6.4 KiB
Markdown
134 lines
6.4 KiB
Markdown
title: Terms of Service
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Also see the [Package Inclusion Policy](/policy_and_guidance/).
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## Content
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### Prohibited content
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You must not post/transmit anything which is illegal under the laws in any part of the United Kingdom.
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You must not (or use the service to) facilitate or commit any offence under the laws in any part of the United Kingdom.
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This includes, in particular, terrorism content (as set out in Schedule 5, Online Safety Act 2023),
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child sexual exploitation and abuse content (as set out in Schedule 6, Online Safety Act 2023), and
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content that amounts to an offence specified in Schedule 7, Online Safety Act 2023.
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Prohibited content includes:
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* Pornographic content. This includes content of such a nature that it is reasonable to assume that it was produced
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solely or principally for the purpose of sexual arousal.
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* Content which encourages, promotes or provides instructions for suicide
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* Content which encourages, promotes or provides instructions for an act of deliberate self-injury
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* Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder
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* Content which is abusive and which targets any of the following characteristics: race, religion, sex,
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sexual orientation, disability, gender reassignment.
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* Content which incites hatred against people:
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* of a particular race, religion, sex or sexual orientation
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* who have a disability
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* who have the characteristic of gender reassignment
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* Content which encourages, promotes or provides instructions for an act of serious violence against a person
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* Bullying content
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* Content which:
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* depicts real or realistic serious violence against a person
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* depicts the real or realistic serious injury of a person in graphic detail
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* Content which:
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* depicts real or realistic serious violence against an animal
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* depicts the real or realistic serious injury of an animal in graphic detail
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* realistically depicts serious violence against a fictional creature or the serious injury of a fictional
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creature in graphic detail
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* Content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in
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serious injury to the person who does it or to someone else
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* Content which encourages a person to ingest, inject, inhale or in any other way self-administer:
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* a physically harmful substance
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* a substance in such a quantity as to be physically harmful
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### Protecting users from illegal content
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We provide this service free of charge, and on the basis that we may:
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* take down, or restrict access to, anything that you generate, upload or share; and
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* suspend or ban you from using all or part of the service
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if we think that this is reasonable to protect you, other users, the service, or us. This applies, in particular,
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to prohibited content.
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If we are alerted by a person to the presence of any illegal content, or we become aware of it in any other way,
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we will swiftly take down that content.
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To minimise the length of time for which any illegal content within the scope of the Online Safety Act 2023 is present:
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* in respect of terrorism content, we offer an easy-to-access and use reporting function and will swiftly remove such content when we become aware of it.
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* in respect of child sexual exploitation or abuse content, we offer an easy-to-access and use reporting function and will swiftly remove such content when we become aware of it.
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* in respect of other content that amounts to an offence specified in Schedule 7, Online Safety Act 2023, we offer an easy-to-access and use reporting function and will swiftly remove such content when we become aware of it.
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### Protecting children
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We protect all children from the kinds of content listed in "Prohibited Content" by:
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* prohibiting that type of content from our service; and
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* swiftly taking down that content, if we are alerted by a person to its presence, or we become aware of it in any other way.
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### Proactive technology
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We do not use proactive technology to detect illegal content.
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## Limitation of Liability
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THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
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THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE
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FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF
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OR IN CONNECTION WITH THE SERVICE OR THE USE OR OTHER DEALINGS IN THE SERVICE.
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We reserve the right to ban or suspend your account, or take down your content, for any reason.
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## Jurisdiction and Governing Law
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This service is subject to the jurisdiction of the United Kingdom.
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## Complaints
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### Reporting content
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You may report content by clicking the report flag next to a comment or "Report" on the page containing the content.
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You can also make reports by [contacting the admin]({{ admin_contact_url }}).
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### Complaints and Appeals
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You may send a complaint / request an appeal by [contacting the admin]({{ admin_contact_url }}).
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### Your right to bring a claim
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This clause applies only to users within the United Kingdom.
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The Online Safety Act 2023 says that you have a right to bring a claim for breach of contract if:
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* anything that you generate, upload or share is taken down, or access to it is restricted, in breach of the terms of service, or
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* you are suspended or banned from using the service in breach of the terms of service.
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This does not apply to emails, SMS messages, MMS messages, one-to-one live aural communications,
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comments and reviews (together with any further comments on such comments or reviews), or content which identifies
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you as a user (e.g. a user name or profile picture).
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Whether or not a contract exists between you and us is a question of fact. If we do not have a contractual
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relationship with you in respect of the service, there can be no breach of contract and, as such, this cannot apply.
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It is for a court to determine:
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- if there is a contract between you and us and, if so, its terms
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- if there has been a breach by us of that contract
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- if that breach has caused you any recoverable loss
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- the size (e.g. value) of your loss
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This clause is subject to "Limitation of liability" and "Jurisdiction".
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## Acknowledgements
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This terms of service was written based on [a template](https://onlinesafetyact.co.uk/online_safety_act_terms/)
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created by Neil Brown, CC BY-SA 4.0.
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