General terms and conditions of service for www.TalkingDrugs.org

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Please read this carefully. Talkingdrugs.org ("the Website") is owned, controlled, maintained and operated by Release by using and/or by registering with the Website you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy and conditions (if applicable) ("Terms")).

If you do not agree to these Terms, please do not use the Website or register as a user.

Please also read our privacy policy.

1. Introduction and About Us

Talkingdrugs.org is owned and operated by Release LEADS ("Release") a company registered in England and Wales under number 1966619 and a charity registered in England and Wales, charity number: 801118. Release's registered office is at 388 Old Street, London EC1V 9LT.

2. Access to the Sites

Access to the Website is permitted on a temporary basis and Release reserves the right to withdraw the Website (in whole or in part) or amend any part of them (including but not limited to content and materials on the Website and any services made available through them). Release shall not be liable if for any reason the Website is unavailable at any time or for any period.

3. Your relationship with Talkingdrugs.org

3.1 Your use of the Website and any products, software and services is subject to the terms of a legal agreement between you and Release.

3.2 Your legal agreement with Release is made up of (A) the terms and conditions set out in this document, (B) Release's Privacy Policy and (C) The Community Guidelines governing the use of the Website (collectively called the "Terms").

3.3 The Terms form a legally binding agreement between you and Release in relation to your use of the Website. It is important that you take the time to read them carefully.

3.4 The Terms apply to all users of the Website, including users who are also contributors of video content, information, and other materials or services to Talkingdrugs.org.

4. Accepting the Terms

4.1 In order to use the Website, you must firstly agree to the Terms. You may not use the Website if you do not accept the Terms.

4.2 You can accept the Terms by simply using the Website. You understand and agree that Release will treat your use of the Website as acceptance of the Terms from that point onwards.

4.3 You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with Release, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are resident or from which you access or use the Website.

4.4 You should print off or save a local copy of the Terms for your records.

5. Language of the Terms

5.1 Where Release provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Release.

5.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

6. Changes to the Terms

6.1 Release may make changes to the Terms from time to time. When these changes are made, Release will make a new copy of the Terms available at www.talkingdrugs.org/terms.

6.2 You understand and agree that if you use the Website after the date on which the Terms have changed, Release will treat your use as acceptance of the updated Terms.

6.3 You should check the Terms regularly for changes.

7. Talkingdrugs.org accounts

7.1 In order to access some features of the Website, you will have to create a Takingdrugs account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Talkingdrugs account password secure and confidential.

7.2 You must notify Release immediately of any breach of security or unauthorised use of your account that you become aware of.

7.3 You agree that you will be solely responsible (to Release, and to others) for all activity that occurs under your Talkingdrugs account.

8. General restrictions on use

8.1 Release hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. you agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without Release's prior written authorisation;
  2. you agree not to alter or modify any part of the Website or any of the Services;
  3. you agree not to access User Submissions (defined below) or other content made available on the Website through any technology or means other than the video playback pages of the Website itself or such other means as Release may explicitly designate for this purpose;
  4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any User Submissions or content or (ii) enforce limitations on use of the Website or the content accessible on the Website;
  5. you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of Release.
  6. if you use the any part of Talkingdrugs.org on your website, you must include a prominent link back to the Website;
  7. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the Talkingdrugs.org servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
  8. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Talkingdrugs.org account names);
  9. you agree not to use the Website and the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  10. you agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions; and

8.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Services.

8.3 Release grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Release reserves the right to revoke these exceptions either generally or in specific cases.

8.4 Release is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Talkingdrugs.org provides may change from time to time without prior notice to you.

8.5 As part of this continuing innovation, you acknowledge and agree that Release may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Release's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Release when you stop using the Services.

8.6 You agree that you are solely responsible for (and that Release has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Release may suffer) of any such breach.

9. Copyright policy

9.1 Release operates a clear copyright policy in relation to any User Submissions which are alleged to infringe the copyright of a third party.

9.2 Where it is believed a copyright infringement has occurred an infringement notification should be sent to Release, the notification should be in writing and should include the following information:

  1. Include a statement telling us that you have found a video on Talkingdrugs.org which you believe infringes your copyright .
  2. Tell us which country your copyright applies to.
  3. Tell us the title of the video concerned and the full URL for its playback page.
  4. Explain to us in what way that video infringes your copyright (e.g. the sound is copied, the entire video is a copy of an original work made by you, etc.)
  5. Identify the type (e.g. a film, a written piece etc.) and details (e.g. title, publisher, dates, etc.) of the copyright work which you own the rights to and which you believe has been infringed. If this information is available on the Internet, it is helpful to send us a link.
  6. Provide us with your contact information so that we can get in touch with you (email address is preferred).
  7. Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
  8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
  9. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  10. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
  11. Send the notice, in writing, to the following address:
    TalkingDrugs
    Release LEADS
    388 Old Street
    London
    EC1V 9LT
    Email: info@talkingdrugs.org
    Fax: +44 (0) 20 7729 2599

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Make sure you know whether the content that you have seen on Talkingdrugs.org. infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

9.3 As part of Release's copyright policy, Release will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

10. Your User Submissions

10.1 As a Talkingdrugs.org account holder you may submit video content ("User Videos"); photographic content ("Use photographs"); audio content ("User audio") and textual content ("User Comments") (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, Release does not guarantee any confidentiality with respect to any User Submissions.

10.2 You retain all of your ownership rights in your User Submissions, but you are required to grant limited licence rights to Release and other Website users. These are described in paragraph 12 of these Terms (Rights you licence).

10.3 You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Release does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Release expressly disclaims any and all liability in connection with User Submissions.

10.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Release to use your User Submissions for the purposes of the provision of Talkingdrugs.org, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.

11. Content of your User Submissions

11.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your User Submissions shall comply with) the Talkingdrugs.org Community Guidelines, found at www.talkingdrugs.org/communityguidelines as updated from time to time.

11.2 You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Release to use or possess in connection with the provision of the Services.

11.3 You agree that you will not upload or post any User Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant Release the licence referred to in paragraph 12.1 below.

11.4 Release reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

11.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Release with respect to any such User Submissions.

12. Rights you licence

12.1 When you upload or post a User Submission to Talkingdrugs.org, you grant:

  1. to Release, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and Release's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;
  2. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Terms.

12.2 The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 10.2 above.

13. Talkingdrugs.org content on the Website

13.1 With the exception of User Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "Talkingdrugs.org Content") is either owned by or licensed to Release, and is subject to copyright, trade mark rights, and other intellectual property rights of Release or Release's licensors. Any third party trade or service marks present on the Talkingdrugs.org Content are trade or service marks of their respective owners.

13.2 Talkingdrugs.org Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Release, or Release's licensors. Release reserves all rights not expressly granted in and to the Talkingdrugs.org Content.

14. Links from Talkingdrugs.org

14.1 The Services may include hyperlinks to other web sites that are not owned or controlled by Release. Release has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

14.2 You acknowledge and agree that Release is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that Release is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

14.4 Release encourages you to be aware when you leave the Talkingdrugs.org website and to read the terms and conditions and privacy policy of each other website that you visit.

15. Ending your relationship with Talkingdrugs.org

15.1 The Terms will continue to apply until terminated by either you or Release as set out below.

15.2 If you want to terminate your legal agreement with Release, you may do so by (a) notifying Release via Talkingdrugs.org at any time and (b) closing your Talkingdrugs.org account. Your notice should be sent, in writing, to Release's address which is set out at the beginning of these Terms.

15.3 Release may at any time, terminate its legal agreement with you if:

  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Release is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
  3. Release is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
  4. the provision of the Services to you by Release is, in Release's opinion, no longer financially viable.

15.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Release have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Exclusion of Warranties

16.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to a consumer and that you cannot contractually agree to alter or waive.

16.2 The Services are provided "as is" and Release makes no warranty or representation to you with respect to them.

16.3 In particular Release does not represent or warrant to you that:

  1. your use of the Website will meet your requirements,
  2. your use of the Website will be uninterrupted, timely, secure or free from error,
  3. any information obtained by you as a result of your use of the Website will be accurate or reliable, and
  4. that defects in the operation or functionality of any software provided to you as part of the Website will be corrected.

16.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website except to the extent that they are expressly set out in the Terms.

17. Limitation of Liability

17.1 Nothing in these Terms shall exclude or limit Release's liability for losses which may not be lawfully excluded or limited by applicable law.

17.2 Subject to the overall provision in paragraph 17.1 above Release shall not be liable to you for:

  1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
  2. any loss or damage which may be incurred by you as a result of:
    1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website;
    2. any changes which Release may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website);
    3. the deletion of, corruption of, or failure to store, any User Submissions and other communications data maintained or transmitted by or through your use of the Website;
    4. your failure to provide Release with accurate account information;
    5. your failure to keep your password or Talkingdrug.org account details secure and confidential.

17.3 The limitations on Release's liability to you in paragraph 17.2 above shall apply whether or not Release has been advised of or should have been aware of the possibility of any such losses arising.

18. General legal terms

18.1 The Terms constitute the whole legal agreement between you and Release and govern your use of www.talkingdrugs.org and completely replace any prior agreements between you and Release in relation to the Website.

18.2 You agree that Release may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Talkingdrugs.org website.

18.3 You agree that if Release does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Release has the benefit of under any applicable law), this will not be taken to be a formal waiver of Release's rights and that those rights or remedies will still be available to Release.

18.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.5 The Terms, and your relationship with Release under the Terms, shall be governed by English law. You and Release agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Release shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.