Terms

Terms and Conditions of Use


Please read the following carefully, it sets out the legal relationship between Diffusionware Limited and users of the site. It also attempts to provide useful guidelines to the limitations on free speech active in English Law. Any information contained herein should not be seen as a substitute for legal advice, however.

Definitions

"You" means the person or entity utilising our network, software or content by any means.
"We or Us" means Diffusionware Limited ; our agents, employees, directors or anyone else acting in an official capacity on behalf of the company.

Jurisdiction

This website is subject to the laws of England, and you agree that by using the site, you give exclusive jurisdiction to the Courts of England for any legal matter arising from your use of the service. English is the only permitted language on thedemocrat.co.uk as we cannot adequately moderate statements made in other languages.

Acceptable Use

You agree that under no circumstances will you post content that is any of the following:

  1. Pornographic, obscene or indecent
  2. In breach of the Official Secrets Act
  3. Defamatory: Libellous or Slanderous
  4. Threatening, Harrassing or Menacing
  5. Containing an incitement to commit an offence
  6. An infringement of any third party intellectual property right recognised by English Law
  7. Anything containing harmful software such as viruses, bots, trojans, or computer programs of any kind.
  8. Infringing someone's right to privacy except where lawfully recognised as in the public interest
  9. Inciteful to hatred or violence towards anyone based on their race, religion or lack thereof, gender, disability, sexual orientation or gender identity.
  10. In violation of any order issued by a court, or any content that is prejudicial to an ongoing case, or in contempt of a court. This includes any mentioning of prior convictions, assertions of guilt, confessions or prejudicial photographs during an ongoing court case
  11. You are not entitled to post any content that is commercial in nature and not relevant to the referendum in question. (Spamming)
  12. Content that in any other way would be contradictory of the laws of England, or your locality

In severe cases you understand that we may refer a matter to the police or other law enforcement bodies such as the Internet Watch Foundation. You agree that as a human individual (even when working within a professional capacity at a company) , you are restricted to a single user account. We do not permit automated scripts or "bots" to open accounts. Attempting to do so constitutes a breach of these terms and possibly a criminal offense. If you intend to reproduce any part of the site for a professional, corporate, or business purpose, you must subscribe to license our content subject to the syndication and licensing provisions as shall be listed herein. You must not impersonate any other person or entity. You agree not to attempt to compromise any part of the system which you are not entitled access to. Attempting to do so is a crime under English law.

Intellectual Property

Our Intellectual Property

All content of this site (excluding the property of third parties), insofar that such content constitutes the original expression of ideas, whether literary, visual or functional is the exclusive property of Diffusionware Limited (Registered Company 05374136). By using this site you recognise Diffusionware Limited's claim to the copyright, trade and service marks published on the site. The site is subject to international copyright treaties. Nothing in these terms shall be construed as conveyance of any exclusive right from us to you over the software or content of this site. You are however licensed to perform exclusive rights necessary to digitally perform the website or derivative products or services on your computer or network apparatus, subject to these terms and conditions.

User Generated Content

You warrant that all content submitted by you shall be your exclusive intellectual property. We do not lay claim to content that you submit which remains under your copyright, but you agree to grant an unconditional, perpetual, royalty-free license for us to perform any exclusive right which has been reserved to you over such content. We do claim compilation copyright of collaborative documents produced by thedemocrat.co.uk but this is without prejudice to the underlying copyright of the component parts. You agree not to copy the compilation documents except where explicitly licensed as we rely on exclusive rights to pay for the website and software construction.

Severability

If any part of these terms are held to be invalid under applicable law, the rest shall remain intact and the closest interpretation allowable in law shall apply.

Disclaimer of Warranty

Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Diffusionware Limited expressly disclaims to the maximum extent permitted in Law, all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The service may be subject to interuptions either with the hosting servers or other internet routes. We reserve the right to alter the service's content or function at any time.

Limitation of Liability

In no event shall Diffusionware Limited or it's agents, directors , shareholders or employees be liable for direct or consequential damages arising from your use of the service. You agree to indemnify and hold us harmless from any damages ,direct or consequential, caused by your use of the service. You understand that you are ultimately responsible for your use of the service and any legal costs associated with it. We do not currently use SSL encryption so it is recommended you do not access the service from an untrusted network. Furthermore you understand that , due to the open nature of our system we cannot be held responsible by you for any content that is harmful, distressing, harassing, hate filled, obscene, or otherwise objectionable. You understand as a condition of use that we are under no obligation to police your copyright property or assist in alleged infringements arising from your use of the service. Liability shall at all times be limited to the outstanding amount of service purchased, and you understand in case of dissatisfaction a refund and/or discontinuing the service shall be the only legal remedy.

Information you supply

You understand that, as a condition of service, all members are required to keep their personal data accurate and up to date. Failure to do so shall constitute a breach of these terms.

Data Protection and use of your Data


If you are visiting the site, we may log details such as your IP address or IP name, details of your browsing environment, and other technical data that may identify your computer. We may also issue your computer with cookies that assist us in tracking a user without requiring continuous log ins. Our advertisers may also issue cookie data and utilise user tracking to match users to potentially useful products and services. We do not share your personal data with these companies who use their own tracking systems. In addition, when you register for membership we may take additional personal data as communicated in the registration process such as email addresses, date of birth, sex, location details and opinions expressed. You understand that content you publish via the drafting system is made available to others when you publish it along with your user name. We may sell compilations of voting results viewable to paying members or other commerical affiliates - such compilations may identify you by location, gender, and age . You may also choose to disclose optional data that will be available to some or all users in exchange for more functionality of site features. We retain certain data about you even after you terminate your account. We do this to preserve the integrity of the voting system. Data retained includes the data you gave us at registration, amendments you propose and voting data. We will not sell your personal data except where part of a compilation as described above. We do not pass on your email address or name or personally identifying information.

Links to External Sites

This site contain links to other websites. You understand that we are not responsible for the content of such sites.

Revisions of these Terms

These terms may, from time to time, be updated. You understand that you should review these terms periodically and that your continued use of thedemocrat.co.uk constitutes acceptance and consideration of these terms.

Editor's Prerogative

The editor may exercise editorial power over all content on this site by modifying or removing any content submitted to us at our sole discretion and for any reason whatsoever.

Right of Service Termination

We reserve the right to terminate an account for a suspected breach of either these terms or violation of English law. In cases where a subscription has been paid we will refund the outstanding minus costs incurred by the breach.

No Acquiesence

Failure of us to enforce any part of these terms shall not be construed as acquiesence or a waiver of any right which we may lawfully enjoy.

No Contract of Trust or Employment

Nothing on this site shall give rise to a contract of trust or employment, express or implied.

Contact Us

Diffusionware Limited

Email: admin@diffusionware.com
Registered Company: 05374136
Registered in England
Registered Address: 20 Downs Road, Canterbury, Kent, CT2 7AY