Here at Semble (formerly Project Dirt), we’re keen to help people and organisations take forward their green ideas – by providing a networking platform connecting projects/people. By enabling people to share resources and knowledge, Semble is a fun, interactive and value-added place to be. As always, it’s important to have a few house rules to make sure Semble works for all involved. As such, please feel free to take a peek at the points made below, which were updated on 24 May 2018. So … here’s the serious bit:
Your continued use of the Semble website constitutes your acceptance of the Terms and Conditions. If you have any questions or concerns about any part of these, please do contact us on email@example.com.
1. INFORMATION ABOUT US
semble.org and projectdirt.com are websites operated by Project Dirt Ltd (“Semble”, “we” or “us”). We are a limited company registered in England and Wales under company number 5611771 and our registered address is at: The Ark, 237 Pentonville Rd, Kings Cross, London N1 9NG, United Kingdom. Our VAT number is 120 1114 00.
2. TERMS OF WEBSITE USE
2.2 Before registering for the Semble Service or using the Site, you must take the time to read and fully understand this Agreement. By using the Site without registering, you affirm that you are bound by this Agreement each time you access the Site. By registering for the Semble Service, you accept that you are entering into a contract with us on the terms of this Agreement. You are also responsible for ensuring that all persons who access the Site and the Semble Service through your internet connection are aware of, and abide by, the terms of this Agreement.
3. ACCESSING OUR SITE AND THE SEMBLE SERVICE
3.1 You must be at least twelve years of age to use the Semble Service. By using the Semble Service, you represent and warrant that you are twelve years or older. Any use of the Semble Service by anyone under the age of twelve is strictly prohibited and is in violation of this Agreement.
3.2 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
3.3 The Site and the Semble Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any omission, interruption, error, delay, deletion, or defect in operation of the Site or Semble Service. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players resulting from or in connection with any technical problems or traffic congestion on the Internet, including injury or damage to you or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Semble Service or any Platform Applications (see below).
3.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
3.5 When using the Site, you must comply with the provisions of the Semble Community Guidelines.
3.6 Semble is not an internet service provider. In order to use the Semble Service, you must have internet access and all the software and skills required for email and web usage.
4. OUR SITE CHANGES REGULARLY
We aim to update our Site regularly and may change content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
5. TRADE MARKS
Semble and its accompanying logos are registered trademarks (the “Semble Trade Marks”). You must not copy or otherwise use the Semble Trade Marks without the prior written approval of Semble.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 We are the owner or the licensee of all the intellectual property rights in our Site, and in the material published on it. This includes content, information, pictures, images, sounds, videos, graphics, software, or files of any kind whatsoever that you or any other Registered User posts on the Site or otherwise makes available or accessible to other Registered Users or users of the Site and Semble Service (“Content”). Content is protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 By submitting Content, you:
- are representing and warranting that:
- you are fully entitled to do so;
- you are the sole owner of the Content or are otherwise authorised by the owner of the content to post the Content on the Semble Service;
- the posting of the Content on the Semble Service will not violate the rights (including intellectual property rights) of any third party or any applicable laws, whether criminal, tortious or otherwise;
- the Content will comply with this Agreement, including the Semble Community Guidelines.
- authorise us to use, copy, adapt, distribute and disclose the Content at our discretion, and so waive your moral rights in the Content in question.
6.3 You agree to pay for all fees, royalties or any other payments owing to any third party by reason of your posting of the Content.
6.4 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site. You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5 Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.
6.6 You must not use any part of the materials on our Site for commercial purposes without obtaining a licence to do so from us.
6.7 If you print off, copy or download any part of our Site in breach of this Agreement, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.8 Semble grants you a non-exclusive, revocable, non-transferable and limited licence to use the Semble social widgets and to embed these into your website. All rights in the API specification and any content accessed using the API remains vested in us and our licensors.
You must not use the Semble API in the following ways:
- to obscure the Semble logos;
- to frame other material on the Site;
- to suggest that the Semble API or any Semble content are your property (or present it in a way which could confuse a visitor to your website);
- to allow any offensive material to become associated with the Site, including embedding the Semble API in a site which contains content which may be offensive or whose aims differ significantly from that of Semble; or
- any other use which we may decide is inappropriate.
We retain the right to suspend or terminate use of the Semble API at any time without warning, in which case you must stop using and remove the Semble API.
7. REGISTERING AS A REGISTERED USER
7.1 Users who are eligible to register and are registered in accordance with the terms of this Agreement on the Semble Service are known as “Registered Users”. If you are accessing Semble on behalf of a Company or other legal entity, you are nevertheless individually bound by these conditions.
7.2 In consideration of your use of the Semble Service, you undertake to :-
- register for the Semble Service using true, accurate and current information about yourself- including your correct name, address and any other requested details (“Your Details”);
- maintain the accuracy of Your Details by promptly notifying us when there is a change to Your Details by making the necessary amendments to Your Details. It is particularly important that the email address we hold for you is kept up-to-date and that you have full access to it as we will be sending you important messages to your email address;
- maintain at all times the confidentiality of your password and not disclose your password to any third party. Please note that for security or other reasons, we may require you to change your password or other information which facilitates access to the Semble Service;
- be responsible for the use of your Registered User account including all actions that take place using your account; and
- notify us immediately if you suspect there has been unauthorised use of your Registered User account.
7.3 As part of the registration process for the Semble Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
8. REGISTERED USER CONDUCT AND TERMINATION
8.1 Unless you have a separate commercial agreement with Semble, you agree to use the Semble Service only for your personal non-commercial use.
8.2 The Semble Service is intended to be used by its Registered Users for the purposes referred to in this Agreement. Accordingly, you must not use the Semble Service or the Site generally in an unlawful manner or in a manner that breaches this Agreement (including the Semble Community Guidelines).
8.3 Without prejudice to the generality of clause 8.4 below, if you breach any clause of this Agreement we may terminate your membership with or without notice to you.
8.4 We reserve the right in our sole discretion:
- to suspend or terminate your or any Registered User’s access to the Semble Service, or parts of it; and/or
- to remove, or require you or any other Registered User to remove Content, if you or the relevant Registered User or Content appears to us, or to a complainant, to be in breach of any provision of this Agreement.
8.5 If your access has been suspended or terminated you must not re-register for, or re-access, the Semble Service without our prior consent.
8.6 You are responsible for everything which is done on or through the Semble Service while your membership account is logged on to the Semble Service, or through your email address(es).
8.7 Where we reserve a right in this Agreement, it does not mean we are obliged to exercise it. Also, you acknowledge that given the open-access nature of the Semble Service, we cannot prevent determined people whose membership has been suspended or terminated from re-accessing or re-registering as Registered Users, in breach of their obligations under this Agreement.
9. CREATING AN ACCOUNT
9.1 You may create, manage, operate and maintain your Registered User account by:
- creating a Project Page or joining as a member of a project or cluster
- creating an Event or RSVP’ing to an Event
- posting your name, profile notes, photos, videos, message, material and commentary on your profile page (“Profile Page”);
- posting comments
- posting updates
9.2 The above list is not exhaustive and there may be additional functions available on the Semble Service. Semble does not represent that the functions listed will always be available and reserves the right to remove functions in its sole discretion at any time.
9.3 From time to time, Semble or its affiliates may offer new or additional services through the Semble Service. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
10. JOINING A PROJECT PAGE 10.1 A “Project Page” is a publicly available place on the Site (with the exception of private projects) dedicated to a particular project. An “Event” is a publicly available place on the Site dedicated to a particular event. A “Cluster Page” sits at the centre of a network of projects and provides an aggregation of the activity within that network of projects. You may choose to follow, join, or request to join, any Project Page, Event or Cluster Page which you are able to view and in which you have an interest. 10.2 You can find more information on the Project Page, Event and Cluster Page functions on the ‘How it Works’ section.
REMOVED as no longer applicable – 5 August 2018.
11. YOUR PRIVACY
11.2 The only exception to this is any personal data within private areas of the website. This includes data within the private areas in Cluster Pages, Project Pages and Profile Pages. It also includes the data within the private messaging system.
11.3 You have the ability to control which other Registered Users have greater access to parts of your Registered User profile page than others. Any Registered User can view the elements of your Registered User profile pages that you do not select to be accessible only by “My Friends” contacts as explained further in the clauses below (“Standard Access”);
11.4 Where you wish to add or accept another Registered User as your Friend and want that Registered User to have the highest level of access to your profile page (save for your inbox and sent items), and to be able to send you private messages to your Semble inbox, you may send them a Friend request or accept their Friend request;
11.5 It is open to you at any time to delete your “Friends”, in which case those Registered Users will immediately have no more than Standard Access to your Registered User profile pages.
12. ALERTING US AND REMOVAL OF CONTENT
12.1 You acknowledge that we are not and cannot be responsible for the Content or behaviour of other Registered Users – whether on the Semble Service or outside of it. We only provide a venue where the Semble Service may be accessed.
12.2 If you see anything on the Semble Service which appears to breach any clause of this Agreement, then please contact us to inform us of it by emailing us at firstname.lastname@example.org.
12.3 You acknowledge that we do not monitor or approve all Content, and so we are reliant upon users to point out any Content which breaches this Agreement. Although we provide rules for Registered Users’ conduct and Content postings, we do not approve or control and are not responsible for what Registered Users post, transmit or share on the Site and are not responsible for any inappropriate, obscene, offensive, unlawful or otherwise objectionable Content you may come across on the Site or in connection with any third party Platform Applications, software or Content.
12.4 You acknowledge that we may delete or remove any Content, or move any Content from a place on the Site which all Registered Users can access to a place that is only accessible by your Friends, without notice and in our sole discretion, for any reason, including Content that we decide in our sole discretion breaches this Agreement including the Semble Community Guidelines, or which might be inconsistent with the Semble brand values (which we determine from time to time in our sole discretion) or bring the Semble Service into disrepute. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to us.
13. THIRD PARTIES
13.1 The Semble Service contains links to third party websites (“Third Party Sites”). We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge that you access and use Third Party Sites from the Semble Service at your own risk.
13.2 From time to time we may enter into platform services agreements with third parties. These are agreements that allow third parties to install third party software, content, material or applications on the Semble Service to retrieve data made available by Registered Users and/or to install applications on third party websites that retrieve data made available on third party sites for use by Registered Users on the Semble Service (“Platform Applications”).
13.3 You may elect whether or not to use Platform Applications. When using a Platform Application, the third party provider may require you to agree to its own terms and conditions before proceeding. If you do not wish to be bound by such terms and conditions, do not agree to them and cease your installation of the relevant Platform Application. We accept no responsibility for Platform Applications or for any loss or damage that may arise from your use of them. You acknowledge that you install Platform Applications at your own risk.
14. DISCLAIMER AND RELEASE
14.1 The Site, the Semble Service, any Platform Applications and the Content are provided “as-is” and we disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site and/or the Semble Service, and/or any Platform Applications. We do not represent or warrant that software, Content or materials on the Site, the Semble Service, or any Platform Applications are accurate, complete, reliable, current or error-free or that the Site or Semble Service, its servers, or any Platform Applications are free of viruses or other harmful components. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Semble Service and any Platform Applications at your own risk and that you will be solely responsible for your use of them and any damages to your computer system, loss of data or other harm of any kind that may result.
14.2 We accept no responsibility for the truth or accuracy of any material available on the Semble Service and Site, whether provided by Registered Users or others. We disclaim all liability arising from any reliance placed by any person (whether or not a Registered User) on material available on the Semble Service and Site.
14.3 You should exercise no lesser degree of caution in appraising what you see on the Semble Service than you do offline.
14.4 You acknowledge that even though Registered Users are prohibited from doing so, they may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you acknowledge that people may not necessarily be who they say they are.
14.5 We encourage Registered Users to report misleading or false information and Content to the Semble website administrators using the following email address: email@example.com
15. EXCLUDED LOSS
15.1 To the fullest extent permitted by law, in no event will we, or our directors, employees or agents be liable to you or any third party for any direct, indirect, special, consequential, exemplary or incidental loss or damage caused to you or your hardware, software, data or information, or for any loss of data, profit, revenue or business, arising from your use of the Site or the Semble Service, any Platform Applications, or Content, information or other materials on the Site, even if we have been advised of the possibility of such loss or damages.
15.2 We will also not be liable for any failure to perform any of our obligations under this Agreement caused by matters beyond our reasonable control.
16. MAXIMUM LIABILITY
16.1 Without limiting the preceding clause, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed £25.00.
You agree to indemnify and hold Semble and its affiliates harmless from all loss, liabilities, claims, demands and expenses (including reasonable legal fees) made by any third party that may arise from any breach of this Agreement by you or through a machine on which you access the Semble Service or otherwise in relation to any software, Platform Application or Content you post or share on the Site or via the Semble Service.
18.1 We reserve the right to assign this Agreement, and to assign, subcontract or otherwise transfer any or all of our rights and obligations under this Agreement.
18.2 You may not without the written consent of Semble assign or dispose of this Agreement or any of your rights or obligations under it.
19. ENTIRE AGREEMENT
19.2 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
21. JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in any other country as relevant under applicable law.
This Agreement and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
22. YOUR CONCERNS
If you have any concerns about material which appears on our Site, or you wish to contact us, please do so at firstname.lastname@example.org.
Thank you for visiting our Site.