1. If you wish to use and participate in www.kirklees.gov.uk (the "Website") which is provided by Kirklees
Council (the "Council") you must agree to be bound by these terms, together with our
Disclaimer & copyright,
User content rules and
(the "Terms") by selecting "I accept" at the end of this document. When you accept, you will be sent an
activation code for use on the Website. The Terms may change from time to time.
2. Use of the Website
You agree to use the Website only for lawful purposes, and in a way that does not infringe the rights
of, restrict or inhibit anyone else's use and enjoyment of the Website. You agree not to harass
or cause distress or inconvenience to any person, not to transmit obscene or offensive content, and not
to disrupt the use of the Website.
3. User Submissions
3.1 By submitting video, photographs, text, graphics or audio ("User Submissions") to the Council, whether
we publish these on the Website or not, you agree to grant the Council and other Website users non-exclusive
permission to use this content. You agree that your User Submissions can be used free of charge, by
the Council and other Website users, in any way they wish (including adapting, amending and modifying it for
editorial or operational reasons and sharing it with third parties).
3.2 You retain all intellectual property rights in your User Submissions and you may continue to use your
3.3 You represent and warrant that your User Submissions are your own original work, are not defamatory and
do not breach any UK laws. You confirm that you have all necessary permissions, rights and consents to
grant the Council permission to use your User Submissions, and that you have the permission of any person who
is identifiable in your User Submissions.
3.4 The Council may show your name with your User Submissions, unless you request otherwise, but the Council
cannot guarantee to keep your username private. You can use an alias or nickname as your username. The
Council may need to contact you in relation to your User Submissions, in accordance with the Council's
3.5 In order for you to contribute User Submissions, you will be required to register with the Website.
Any personal details supplied to the Council as part of the registration process or any other communication
with the Website will be collected, stored and used in accordance with the Council's
3.6 You are solely responsible for your User Submissions. The Council does not endorse any User
Submissions or any advice and opinions contained therein. The Council disclaims all liability in
connection with User Submissions.
4. Your use of the Website
4.1 You agree that your User Submissions and your use of the Website will comply with the
"User content rules" (as amended from
time to time).
4.2 You agree that you shall not post or upload any User Submissions with the intention of promoting or
committing an unlawful or illegal act, and/or whose content is unlawful or illegal.
4.3 You agree that you will not post or upload any User Submissions that are subject to any third party,
proprietary rights (including copyright, privacy, publicity, trade marks, trade secrets) unless you have
permission from the lawful owner to post the User Submissions and to grant Kirklees Council a licence to
4.4 If the Council decides (in its sole discretion) that you have failed to comply with the
User content rules, the Council may
(without notice) delete, remove, refuse or edit your User Submissions and/or temporarily suspend
participation in the Website and/or terminate your access for uploading any User Submissions which the
Council believes contravenes the "User content rules".
4.5 You acknowledge that in using the Website you may be exposed to User Submissions which are inaccurate,
offensive or otherwise objectionable to you. You agree to irrevocably waive any legal or equitable
remedies or rights you may have against the Council with respect to any such User Submissions.
4.6 You understand and agree that if your User Submissions are in the Council's opinion offensive or
inappropriate or you otherwise engage in any disruptive conduct, the Council reserves the right to use
whatever information it has about you and may refer the matter to the relevant law enforcement agencies,
your employer or email provider or to a court of competent jurisdiction.
4.7 The Council reserves the right to delete any User Submissions, close, suspend or take action against
any Kirklees account, at any time, for whatever reason at its sole discretion.
5. Intellectual Property
5.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered
and unregistered) in and on the Website and all content (including all applications) located on the Website
shall remain vested in the Council or its licensors (which includes other users). You may not broadcast,
copy, reproduce, republish, disassemble, decompile, download, reverse engineer, post, transmit, make available
to the public, or otherwise use Website content in any way except for your own personal, non-commercial use.
You also agree not to adapt, alter or create a derivative work from any Website content except for your own
personal, non-commercial use. To make any other use of the Website content, you will require the prior
written permission of the Council. Requests for permission should be sent to:
Corporate Information Management Team
3rd Floor High Street Buildings
Tel: 01484 221282
5.2 The names, images and logos identifying the Council, its Website or third parties and their products and
services are subject to copyright, design rights and trade marks of the Council and/or third parties.
Nothing contained in these Terms shall be construed as conferring any licence or right to use any copyright,
design right or trademark of the relevant copyright owner.
6. Indemnity and Waiver
- You agree to indemnify and keep indemnified the Council, its successors and assigns and each of their
officers, employees and agents from and against any and all liability, damages, losses and claims (including
legal fees) resulting in any way from its use of (and from any User Submissions posted on) the Website.
- You agree to waive any right to bring any claim or action against the Council for any loss or damages
arising from the use of the Website or any material or User Submissions from the Website.
7. Exclusion of Warranties
- The Council does not represent or warrant the content, accuracy or veracity of any User Submissions or
material on the Website, the responsibility for which rests with you.
- You accept the Website "AS IS" with any faults or failings and without any representation or warranty
express or implied as to accuracy, completeness, quality, merchantability or fitness for a particular purpose
or that your use will be timely, secure or error free.
8. Limitation of Liability
In no event shall the Council be liable to you for any indirect or consequential losses incurred by you
(including loss of profit, loss of data, loss of opportunity, loss of goodwill or injury to business reputation
and losses suffered by third parties) or indirect or consequential damages arising out of your use of the
Website, even if the Council has been advised of the possibility of such damages.
9. Term and Termination
9.1 You agree to be bound by these Terms (as amended from time to time) for as long as you are a subscriber
of the Website and wish to use the Website, until terminated by either you or the Council as set our below.
You will remain bound by the Terms if the Council suspends your account or otherwise limits your access to the
9.2 If you wish to terminate, you may do so at any time by sending written notice to the Council at:
1st Floor High Street Buildings
Tel: 01484 223205
9.3 The Council may at any time terminate the arrangement with you if:
- you have breached (or intend to breach) or are unable to comply with any of the Terms, or
- for whatever reason the Council decides, in its sole discretion.
9.4 On termination of these Terms all rights and obligations and liabilities hereunder shall automatically
terminate, except for such rights of action as shall have accrued prior thereto and any obligations which
expressly or by implication are intended to come into or continue in force on or after such termination.
10.1 The Terms represent the entire agreement between you and the Council relating to the subject matter
hereof, and supersedes any prior agreements between you and the Council regarding the Website.
10.2 In the event that any of these Terms are determined to be unenforceable or invalid, such provision
shall be severed and the remaining provisions shall remain in full force and effect.
10.3 No failure or delay on the part of the Council to exercise any right or remedy under these Terms shall
be construed as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude
the further exercise of such right or remedy.
10.4 The Terms do not confer any rights on third parties and the Contracts (Rights of Third Parties) Act
1999 shall not apply.
10.5 The validity, construction and performance of the Terms shall be governed by English law and shall be
subject to the exclusive jurisdiction of the English courts to which the parties hereby submit, except that
the Council may seek an interim injunction in any court of competent jurisdiction.
Acceptance of the Terms