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Add terms of service to comply with Online Safety Act 2023
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title: Terms of Service | ||
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Also see the [Package Inclusion Policy](/policy_and_guidance/). | ||
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## General | ||
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### Minimum Age | ||
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You must be at least 13 years of age to use this service. | ||
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## Content | ||
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### Prohibited content | ||
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You must not post/transmit anything which is illegal under the laws in any part of the United Kingdom. | ||
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You must not (or use the service to) facilitate or commit any offence under the laws in any part of the United Kingdom. | ||
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This includes, in particular, terrorism content (as set out in Schedule 5, Online Safety Act 2023), | ||
child sexual exploitation and abuse content (as set out in Schedule 6, Online Safety Act 2023), and | ||
content that amounts to an offence specified in Schedule 7, Online Safety Act 2023. | ||
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Prohibited content includes: | ||
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* Pornographic content. This includes content of such a nature that it is reasonable to assume that it was produced | ||
solely or principally for the purpose of sexual arousal. | ||
* Content which encourages, promotes or provides instructions for suicide | ||
* Content which encourages, promotes or provides instructions for an act of deliberate self-injury | ||
* Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder | ||
* Content which is abusive and which targets any of the following characteristics: race, religion, sex, | ||
sexual orientation, disability, gender reassignment. | ||
* Content which incites hatred against people: | ||
* of a particular race, religion, sex or sexual orientation | ||
* who have a disability | ||
* who have the characteristic of gender reassignment | ||
* Content which encourages, promotes or provides instructions for an act of serious violence against a person | ||
* Bullying content | ||
* Content which: | ||
* depicts real or realistic serious violence against a person | ||
* depicts the real or realistic serious injury of a person in graphic detail | ||
* Content which: | ||
* depicts real or realistic serious violence against an animal | ||
* depicts the real or realistic serious injury of an animal in graphic detail | ||
* realistically depicts serious violence against a fictional creature or the serious injury of a fictional | ||
creature in graphic detail | ||
* Content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in | ||
serious injury to the person who does it or to someone else | ||
* Content which encourages a person to ingest, inject, inhale or in any other way self-administer: | ||
* a physically harmful substance | ||
* a substance in such a quantity as to be physically harmful | ||
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### Protecting users from illegal content | ||
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We provide this service free of charge, and on the basis that we may: | ||
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* take down, or restrict access to, anything that you generate, upload or share; and | ||
* suspend or ban you from using all or part of the service | ||
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if we think that this is reasonable to protect you, other users, the service, or us. This applies, in particular, | ||
to prohibited content. | ||
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If we are alerted by a person to the presence of any illegal content, or we become aware of it in any other way, | ||
we will swiftly take down that content. | ||
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### Protecting children | ||
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We protect all children from the kinds of content listed above by: | ||
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* prohibiting that type of content from our service; and | ||
* swiftly taking down that content, if we are alerted by a person to its presence, or we become aware of it in any other way. | ||
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Users below the 13 years of age are not allowed on this service. | ||
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## Complaints | ||
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### Appeals | ||
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You may send a complaint / request an appeal by [contacting the admin]({{ admin_contact_url }}) | ||
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### Your right to bring a claim | ||
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This clause applies only to users within the United Kingdom. | ||
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The Online Safety Act 2023 says that you have a right to bring a claim for breach of contract if: | ||
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* anything that you generate, upload or share is taken down, or access to it is restricted, in breach of the terms of service, or | ||
* you are suspended or banned from using the service in breach of the terms of service. | ||
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This does not apply to emails, SMS messages, MMS messages, one-to-one live aural communications, | ||
comments and reviews (together with any further comments on such comments or reviews), or content which identifies | ||
you as a user (e.g. a user name or profile picture). | ||
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Whether or not a contract exists between you and us is a question of fact. If we do not have a contractual | ||
relationship with you in respect of the service, there can be no breach of contract and, as such, this cannot apply. | ||
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It is for a court to determine: | ||
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- if there is a contract between you and us and, if so, its terms | ||
- if there has been a breach by us of that contract | ||
- if that breach has caused you any recoverable loss | ||
- the size (e.g. value) of your loss | ||
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This clause is subject to clause [x] (limitation of liability) and clause [y] (jurisdiction and governing law). | ||
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## Limitation of Liability | ||
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THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO | ||
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS | ||
R COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, | ||
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. | ||
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We reserve the right to ban or suspend your account, or take down your content, for any reason. | ||
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## Acknowledgements | ||
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This terms of service was written based on [a template](https://onlinesafetyact.co.uk/online_safety_act_terms/) | ||
created by Neil Brown, CC BY-SA 4.0. |
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