Terms of Use

“Dialogue”

Penrith Town Council provides Dialogue ("the Service") to support engagement in and between the local community. The technology behind the Service and its operation is provided by Delib Limited (Delib). You can use the Service to post your ideas or opinions. However, we would ask you to be responsible in what you contribute. In particular, make sure that none of the prohibited items listed below are included in any contributions you make to the Service or get linked to from the Service (things like spam, viruses, or hate content).

If you find any content that you believe violates these Terms of Use, please contact us.

Terms of Use

Please read these 'Terms of Use' carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by these Terms of Use, then do not access or use the Service.

The Service is available only to individuals who are at least 13 years old. However, if you are aged 16 or under, please get your parent/guardian’s permission before submitting a comment. Users without this consent are not allowed to participate or provide us with personal information.

1. Responsibility for Contributions. If you place comments or ideas on the Service, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

By submitting Content to the Service, you agree that the operator of the Service (Delib Ltd) can use that Content on the Service and may also amend that Content. You also agree that this Content may be used by Government or local authorities for purposes including but not limited to publication of consultations.

If you delete Content, we will use reasonable efforts to remove it from the Service, but you acknowledge that caching or other references to the Content, it may not be made immediately unavailable. If you submit ideas or suggestions, we will be free to use them and any similar ideas or suggestions, without any [credit or] recompense to you. [However, we may give you credit for the suggestion/idea.]

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any Content that, in our opinion, violates any of our or Delib's policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in our sole discretion:

a) the downloading, copying and use of the Content will not infringe proprietary rights, including but not limited to the copyringht, patent, trademark or trade secretrights, of any third party;

b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your emploer a waver as to all rights in or to the Content;

c) you have fully complied with any third-party licences rlating to the Content, and have done all things necessary to successfully pass through any required terms to anyone else who accesses the Content;

d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

f) the Content is not pornographic, libellous or obscene, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

2. Responsibility of Service Visitors. We have not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Despite our efforts, the Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Penrith Town Council and Delib disclaim any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. We do not have any control over those ‘third party’ websites and webpages, and we are not responsible for their contents or their use. By linking to a ‘third party’ website or webpage, we do not represent or imply that we endorse such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of ‘third party’ websites and webpages.

4. Copyright Infringement Policy. As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your or a third party's copyright, you are encouraged to notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ours or others, we may, in our discretion, terminate or deny access to and use of the Service.

5. Intellectual Property. These Terms of Use do not transfer to you any intellectual property rights in the Service, and all right, title and interest in and to such property will remain solely with us or Delib. Penrith Town Council trade- marks/logos, Delib, trade-marks/logos, and all other trademarks, service marks, graphics and logos used in connection with the Service, are trademarks or registered trademarks of Penrith Town Council and/or Delib. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Penrith Town Council, Delib or third-party trademarks.

6. Changes. We reserve the right, at our sole discretion, to modify or replace any part of these Terms of Use. It is your responsibility to check them periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Use.

7. Termination. We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties. The Service is provided "as is." Penrith Town Council, Delib and its suppliers and licensors and parent or associated companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, any warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Neither Penrith Town Council, Delib nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

9. Limitation of Liability. In no circumstance will Penrith Town Council, Delib, or its suppliers or licensors, be liable or accept any liability with respect to the subject matter or content of anything posted on the service, or these Terms of Use or their application.

Neither Penrith Town Council or Delib shall have liability for any failure or delay due to matters beyond their control. The foregoing limitation of liability shall not apply to the extent prohibited by applicable law

a) any special, incidental or consequential damages, howsoever caused and whether direct or indirect;

b) any costs incurred including those of or relating to any procurement or substitute products or services;

c) any expenses or costs for interruption of use or loss or corruption of any data;

10. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Privacy Policy, these Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification. You agree to indemnify and hold harmless Penrith Town Council, Delib, their contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all liabilities, losses, damages, costs, claims and expenses, including lawyers' fees, arising out of your use of the Service, including but not limited to your violation of these Terms of Service.

12. Miscellaneous. These Terms of Use constitute the basis of your use of the service and they may only be modified by a written amendment signed by a duly authorised officer of Penrith Town Council, or by the posting by Penrith Town Council of a revised version of the Terms of Use. These Terms of Use, any access to or use of the Service will be governed by the laws of England and Wales and the proper venue for any disputes arising out of or relating to any of the same will be the English courts, except for claims for injunctive or quitable releief or claims regarding intellectual property rights (which may be brought in any competent court). If any part of these Terms of Use is held invalid or unenforceable, that part will be construed to reflect the term's' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.