Please read our terms and conditions, which you agree to in signing up for Jotter CMS or. Unless otherwise specified, the terms and conditions set out below and references to "Jotter CMS" apply equally to users of Jotter CMS.
The terms and conditions include important provisions about payment and your rights to refunds, as well as limiting and excluding our obligation to pay if you lose money.
As a user of Jotter CMS you accept that by using this site you agree that Jotter CMS and WebAnywhere Limited assume no responsibility for the nature or content of anything contained on your Web site and disclaim all liability in respect of such nature or content. Use of this site is subject to the following Terms and Conditions of Use.
1. Acceptance of Terms
1.1. Jotter CMS is provided by WebAnywhere Ltd. (the "Company"), which provides its services to you, subject to the following Terms and Conditions ("TACS"), which may be updated by the Company from time to time without notice to you.
1.2. When using particular Jotter CMS software, services, or other items provided by the Company, you will also be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TACS.
1.3. Jotter CMS contains a large number of images, artwork and other data some of which is on licence from its copyright owners. You are not permitted to download or use any widgets or other material from Jotter CMS or use such material other than for display on School Jotter.
1.4. The nature of Jotter CMS's database driven technology means that it is physically impossible for you to own a copy of your School Jotter site. If the Company's business changes, or for any other reason the Company cannot continue to host your site, you will lose it. You agree not to hold the Company liable and the Company accepts no liability in respect of, the loss of all data relating to your site. You are strongly advised to keep copies of any data, images, music or otherwise that you upload onto Jotter CMS.
1.5. PLEASE NOTE: All minors are recommended to consult with their parents/guardians in respect of these TACS before using Jotter CMS.
2. Description of Service
Jotter CMS currently provides or allows browsing and/or access to a large number of on-line services and resources (such as discussion forums, bulletin board services, chat areas and other communities and/or communication facilities (referred in these TACS as "Services"), including a host of tools enabling you to become a member of School Jotter ("Member"), to create your own Web site hosted on Jotter CMS ("Member Site") and to administer such a Member Site as a leader ("Site Leader") through Jotter CMS (all such security and design features, tools, or any components thereof contained within Jotter CMS and any Member Site being known as Jotter CMS). Unless explicitly stated otherwise, any new features that augment or enhance Jotter CMS, including the release of new Services, software tools or resources, shall be subject to the TACS. The Company may add, delete or change some or all of the Services provided as part of Jotter CMS at any time. Unless otherwise stated these TACS apply to you whether you are a casual user
3.1. By completing the registration process, either as a Site Leader or as a Member of Jotter CMS, you are stating that you agree to be bound by all of these TACS.
3.2. In consideration of your use Jotter CMS, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Jotter CMS registration form and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of Jotter CMS (or any portion thereof).
3.3. You will create a password and receive account designation upon completing the Jotter CMS registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. Code of Conduct
4.1. You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the Company, are entirely responsible for all content that you upload, post, email or otherwise transmit via Jotter CMS.
4.2. The Company does not control the content posted via School Jotter and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via Jotter CMS.
4.3. You undertake not to use Jotter CMS to:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any content (hereinafter "post") that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(d) harm minors in any way;
(e) create a Member Site containing nudity, or pornographic material, or sexual material of a lewd, lecherous or obscene nature and intent, or material of a vulgar, profane or obscene nature without suitable warning to browsers of the nature of the site prior to viewing the content;
(f) impersonate any person or entity, including, but not limited to, a Jotter CMS official, Site Leader, Member, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Jotter CMS
(h) upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Jotter CMS that are designated for such purpose;
(i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of Jotter CMS are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(k) interfere with or disrupt Jotter CMS or servers or networks connected to the Jotter CMS, or infringe any requirements, procedures, policies or regulations of networks connected to School Jotter, or interfering with another user's use and enjoyment of School Jotter, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to Jotter CMS, other's accounts on Jotter CMS, or private mailing lists on Jotter CMS through password mining or any other means;
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(m) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(n) collect, store, or distribute personal data about other users without their consent;
(o) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" sites;
(p) violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
(q) engage in commercial activities that are deemed inappropriate on Jotter CMS. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programmes etc that they feel fall into this category.
4.4. In addition the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Jotter CMS.
4.5. Any correspondence or business dealings with, or participation in activities found on or through Jotter CMS, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Jotter CMS.
4.6. The Company also has the right at any time to change its terms regarding commercial arrangements at any time without to prior notice.
4.7. It should be noted that the use of any payment mechanisms, other than those endorsed by the Company are the sole responsibility of the site leader and the Company can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters
4.8. You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via School Jotter. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TACS or which is otherwise in its opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created on Jotter CMS or submitted to Jotter CMS including without limitation information in Jotter CMS discussion forums, bulletin boards, chat areas, news groups message boards, forums, and in all other parts of Jotter CMS. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Member Sites at any time without notice for any reason whatsoever.
4.9. You acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the TACS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, Jotter CMS, its users and the public.
4.10. You understand that the technical processing and transmission of Jotter CMS, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Proprietary Rights and Licences
5.1. You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, page layout and design or other material contained in Jotter CMS or information presented through Jotter CMS by the Company or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that the Company can display images and text throughout Jotter CMS, including the insertion of sponsor messages into messages distributed on Jotter CMS mailing lists. If you create a Member Site, you agree to display prominently on your home page or equivalent and in such other parts of the Member Site as the Company may require the Jotter CMS name and logo. Content received through Jotter CMS may be displayed, reformatted, and printed by you for your personal, non-commercial use only. The Company grants you a personal, non-transferable and non-exclusive right and licence to use the trademark "Jotter CMS" and you undertake that upon termination of your use of Jotter CMS (including if you decide to move to another host) all such rights in the trademark and all other rights granted to you hereunder will cease forthwith.
5.2. You acknowledge and agree that the Company owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of Jotter CMS, the Jotter CMS software, any Jotter CMS content and any data generated by Members.
5.3. Except as expressly authorised by the Company or advertisers, you agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works from Jotter CMS, in whole or in part.
5.4. The Company grants you a personal, non-transferable and non-exclusive right and licence to use the object code of Jotter CMS on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right from Jotter CMS. You agree not to modify the Jotter CMS software in any manner or form, or to use modified versions of the Jotter CMS software, including (without limitation) for the purpose of obtaining unauthorised access to School Jotter. You agree not to access the Jotter CMS by any means other than through the interface that is provided by for use in accessing the Jotter CMS. Upon termination of your use of Jotter CMS, the licence to use the Jotter CMS shall cease forthwith.
6. Advertisements and Promotions
6.1. The Company may run advertisements and promotions. By creating your Member Site, you agree that the Company has the right to run such advertisements and promotions, within the area of the site designated on Jotter CMS for that purpose. The manner, mode and extent of advertising on Jotter CMS and your site is subject to change without notice.
6.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Jotter CMS.
7. External links
Jotter CMS may provide, or third parties may provide, links to other World Wide Web sites or resources. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. As the Company has no control over the content or security of such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party Web sites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
8. Disclaimer of warranties
8.1. You expressly understand and agree that:
(a) Your use of Jotter CMS is at your sole risk. Jotter CMS is provided on an "as is" and "as available" basis and the Company and its suppliers, to the fullest extent permitted by law, make no warranties, express or implied, in relation to this site or its contents, including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
(b) The Company is not responsible for the content of Member Sites, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through School Jotter.
(c) The Company makes no warranty that (i) Jotter CMS will meet your requirements, (ii) that Jotter CMS will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use Jotter CMS will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Jotter CMS will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
(d) Any material downloaded or otherwise obtained through the use of Jotter CMS is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(e) No advice or information, whether oral or written, obtained by you through or from Jotter CMS shall create any warranty not expressly stated in the TACS.
(f) The Company makes no warranty that any URL in the form "sitename.partner.com" obtained by building a Jotter CMS site though a partner of the Company will be available for use at any future date. In the event of a partner URL being withdrawn the Company will offer an alternative URL in the form "sitename.alternativeurl.com", where the alternative URL is at the sole discretion of the Company.
8.2. Third parties provide much of the material on Jotter CMS and the Company shall not be held responsible for any such third party material.
9.1. You agree to defend, indemnify, and hold harmless the Company its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the content (including Jotter CMS software, service, your connection to Jotter CMS or your breach of the terms of these TACS, including, but not limited to:
(a) any injury to any person or property caused by products or services supplied through the medium of Jotter CMS;
(b) any material which infringes the proprietary or intellectual property rights of any third party;
(c) copyright infringement; or
(d) any defects in products sold through the medium of Jotter CMS.
9.2. The Company shall provide notice to you promptly of any such claim, action or demand as described in paragraph 12.1 and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
10. No Resale of Jotter CMS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Jotter CMS, use of Jotter CMS, or access to Jotter CMS, without the express permission of the Company by separate agreement.
11. Limitation of Liability
11.1. Your use of Jotter CMS is at your own risk. If you are dissatisfied with any of the content or the service or with these TACS, or any other rules or policies, your sole remedy is to discontinue use of Jotter CMS. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
11.2. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Jotter CMS; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Jotter CMS; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to Jotter CMS.
11.3. In no event will the Company's liability to any user arising out of or in respect of these TACS exceed ?250.
11.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this paragraph 14 may not apply to you.
11.5. Site Leader's proprietary rights: You agree that upon posting any material within a group open to the public on Jotter CMS, you grant the Company and its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material, to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty to account to you. You further agree that upon posting any material within a private, members-only group on Jotter CMS, or upon establishing a Member Site, you grant the Company, and its successors and assigns, a non-exclusive world-wide, royalty free, perpetual, non-revocable licence under your copyrights or other intellectual property rights, if any, in such material to distribute, display, and reproduce such material to other members of that group. You also grant the Company the right to authorise the downloading and printing in whole or in part of any material that you have posted to a group on Jotter CMS, by end-users for their personal use.
12. Modifications to the TACS or to the Jotter CMS
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue Jotter CMS temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of Jotter CMS.
13. Uses and Storage
You acknowledge that the Company may establish general practices and limits concerning use of Jotter CMS, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by Jotter CMS, the maximum number of email messages that may be sent from or received by an account on Jotter CMS, the maximum size of any email message that may be sent from or received by an account on Jotter CMS, the maximum disk space that will be allotted on Jotter CMS's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Jotter CMS in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by Jotter CMS. You acknowledge that the Company reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14.1. You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of School Jotter, and remove and archive or discard any content within School Jotter, including any Member Site for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TACS. The Company may also in its sole discretion and at any time discontinue providing Jotter CMS, or any part thereof, with or without notice. You agree that any termination of your access to Jotter CMS under any provision of these TACS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or School Jotter. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to Jotter CMS.
14.2. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
15. Trademark Information
Jotter CMS, the Jotter CMS logo and other Jotter CMS logos and product and service names are trademarks of WebAnywhere Ltd. (the "Jotter CMS Marks"). Without the Company's prior permission, you agree not to display or use in any manner, the Jotter CMS Marks.
16.1. The TACS constitute the entire agreement between you and the Company (including, but not limited to, any prior versions of the TACS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services of the Company, third-party content or third-party software.
16.2. The Company makes no claims that the content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the content (including any software) may not be legal by certain persons or in certain countries. If you access a Member Site from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
16.3. The Company is headquartered in Keighley, West Yorkshire, England. All legal issues arising from or related to the use of School Jotter shall be construed in accordance with and determined by the laws of England. By using Jotter CMS, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Jotter CMS is the English courts. You hereby accept and submit to the jurisdiction of such courts in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
16.4. If any provision of these TACS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TACS, which shall remain in full force and effect. No waiver of any term of these TACS shall be deemed a further or continuing waiver of such term or any other term.
16.5. Should you find any content or otherwise that you feel breaches the TACs outlined, please email the Company at firstname.lastname@example.org providing the site URL and details of the complaint. Your complaint will be investigated immediately and you will be informed by email of the outcome. Note: your details will not be given to the Site Leader in question.