About this Policy
This Acceptable Use Policy (the “Policy”) sets out the content standards that apply when you use the Website provided by Safe Orchard, upload content to it, link to it, or interact with it in any other way. Any reference to “we”, “us”, “Safe Orchard” is a reference to the Safe Orchard business. To contact us, please email hello@safeorchard.com. In providing digital marketing services, we operate Safe Orchard website, at https://www.safeorchard.com (the “Website”), where you can learn more about our services.
By using the Website, you confirm that you accept this Policy and that you agree to comply with it. If you do not agree to this Policy, you must not use the Website. Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.
We amend this Policy from time to time. Every time you wish to use our Website, please check this document to ensure you understand the terms that apply at that time.
Prohibited Use
You may not use our 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;
- in any way that involves child sexual exploitation or abuse;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out further in this Policy and which we may determine in our sole discretion from time to time;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- 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; and
- to upload terrorist content.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website without our prior consent, including in contravention of any terms of use applicable to the Website.
- not to access without authority, interfere with, damage, or disrupt any part of our Website; any equipment or network on which our Website is stored; any software used in the provision of our Website; or any equipment or network or software owned or used by any third party.
Interactive Services
We may from time to time provide interactive services on our Website, including, without limitation, bulletin boards and contact forms.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our 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, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
We do not knowingly store or host any illegal, deceitful, harmful, or terrorist content.
Content Standards
These content standards apply to any and all material which you contribute to our Website (“Contribution”), and to any interactive services associated with it. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Safe Orchard will determine, in its discretion, whether a Contribution breaches the content standards.
A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful, or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- include child sexual abuse material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any copyright, design right, database right or trademark of any other person, or be directly or indirectly aimed at benefiting from another person’s goodwill or reputation;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal content or activity;
- be in contempt of court;
- 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;
- impersonate any person or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from Safe Orchard if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; and
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.
Breach of this Policy
When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate. Your failure to comply with this Policy constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
- immediate, temporary, or permanent withdrawal of your right to use our Website;
- immediate, temporary, or permanent removal of any Contribution uploaded by you to our Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How this Contract Can be Transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Governing Law
The terms of this Policy, its subject matter and the formation of any contract based on it (and any non-contractual disputes or claims) are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, unless you’re a consumer resident in Northern Ireland, in which case you may also bring proceedings in Northern Ireland, or if you are resident of Scotland, you may also bring proceedings in Scotland.