Terms and Conditions

These terms and conditions last revised on 26th September 2009-09-26

OnlineListener.co.uk is a service offered by Richard Smart, trading as Online Listener (“Online Listener”, “OnlineListener.co.uk”, “we” or “us”).

Your use of Online Listener and the services supplied by Online Listener including the OnlineListener.co.uk website, and any other site operated by Online Listener constitutes your acceptance of these terms and conditions. These terms and conditions may be modified at any time, and such modifications will take effect immediately after any such modification is posted on the OnlineListener.co.uk website by Online Listener.

A link to these terms and conditions is displayed at the bottom of every page on sites run by Online Listener, and it is required that they are reviewed and accepted by any user that publishes content to such sites.

Any views expressed, or implied on this or any other site owned, maintained or associated with Online Listener is not necessarily that of Online Listener and do not reflect the opinions or policies of Online Listener. Online Listener does not control or endorse any content submitted or displayed through the use of Online Listener websites or services, and Online Listener makes no warranties as to the content or to the accuracy and reliability of the content or material on any Online Listener service.

1. Introduction

Online Listener is an online software service to facilitate confidential communication between young people and peer listeners in an educational institution or youth organisation.

The software is embedded within a website for each organisation. Each website and domain is owned and maintained by Online Listener; however the visual designs and textual content of each site can be customised by the individual organisation.

2. Accessing services provided by Online Listener

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, including personal injury or death, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of Online Listener services.

Through this website you are able to link to other websites which are not under the control of Online Listener. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Online Listener takes no responsibility for, and will not be liable for, the service being temporarily unavailable due to technical issues, maintenance or other reasons. We assume no responsibility for any omission, delay or defect in operation of the site or Online Listener service.

3. Communicating, viewing and posting content on sites maintained by Online Listener

3.1 Content posted

Online Listener services contain content submitted by users of Online Listener. Online Listener is not responsible for the content or behaviour of its users whether online or offline. Online Listener only provides a venue for conversations between users and for the display of content by organisations using Online Listener software. Online Listener does not monitor or approve content submitted by users. We are therefore not responsible for inappropriate, obscene, offensive, unlawful or otherwise objectionable content that you may come across on the site.

If Online Listener at any time chooses, at its sole discretion to monitor Online Listener services, Online Listener nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

You are solely responsible for any content that you post on Online Listener services, and any effects thereof resulting from the content posted. Online Listener does not endorse or control any information submitted.

We reserve at our sole discretion the right to modify, edit or remove any content submitted to Online Listener services without notification.

3.2 Registration and account security

Within each organisation using Online Listener, there are three levels of membership for Online Listener services, all of which are governed by these terms and conditions; Users, registered users and organisation staff. A user may send and receive anonymous messages with registered users on the site. Staff for an organisation administers the public website content and registered users. Registered users may view and reply to messages submitted by anonymous users.

3.2.1 Anonymous users

By submitting content anonymously to Online Listener services you will receive an id code, and have to opportunity to select a password. You acknowledge that it is your responsibility to ensure the security and secrecy of your password and conversation id code. You will not share your password, or let anyone else access your conversation, or otherwise do anything that could jeopardise the security of your account.

3.2.2 Registered Users (Peer Listeners)

By registering with Online Listener services, once approved by the staff at your organisation you will be given access to conversations submitted to the site, and the opportunity to reply to conversations. By accessing this site as a registered user, you agree that you are over the age of 13, and if under the age of 18 have the full permission from a legal guardian to use Online Listener services. You agree to maintain the accuracy of your account details, including required contact details. You will maintain at all times security of your account, and not disclose your password to any third party. You will at all times maintain confidentiality of all conversations available to you on Online Listener, be responsible for the use of your account including all actions that take place using your account, and notify us immediately if you suspect that any unauthorised activity has occurred on your account.

3.2.3 Organisation Staff

As a registered member of staff for an organisation using Online Listener services, you are responsible for the public content of your Online Listener site, and for the registered users of your site. You agree to maintain the accuracy of your and your organisations details on the Online Listener service, and to ensure the secrecy of your password. You will maintain at all times security of your account, and not disclose your password to any third party. Staff must ensure that all registered users have been appropriately trained to answer messages sent to the site, and understand that Online Listener accepts no responsibility for monitoring the usage of the service. Training of registered users must be sufficient to ensure confidentiality of conversations sent to the site. You are fully responsible for all users you register or approve on the system to be peer listeners, and will ensure that all registered users are over the age of 13. Any registered users under the age of 18 must have the consent of a legal guardian having been made fully aware of the remit of registered users and the terms and policies of Online Listener. It is your responsibility as staff at your organisation to ensure that these policies are adhered to, and that all registered users are fully aware of these terms and conditions, Online Lister Privacy Policy and Online Listener Confidentiality Policy all of which are available at OnlineListener.co.uk.

3.3 Intellectual property and the content you submit

You own any content that you submit to Online Listener services, including any text, images, video or other material.

In order for Online Listener to function, we require certain rights to display your content. It is also necessary to grant us permission to adapt the content in any way, and to waive your right to be identified as the author. This is so that if certain confidential details such as (but not limited to) names or addresses need to be removed from anonymous submissions; Online Listener has the full rights to do so.

By submitting content, you grant us and our affiliates a non-exclusive, royalty free, sublicenceable, non-terminal worldwide licence to copy, modify, distribute, show in public and create derivative works from the content in any form, for any purpose, anywhere.

You also authorise us to adapt the content at our discretion, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the content in question.

3.4 Safety and prohibited activity

To ensure the safety of all users of Online Listener, it is necessary to prohibit certain activity.

You acknowledge that even though 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.

You agree that Online Listener is a service to facilitate peer listening, and should under no circumstances be used to give advice to others. Online Listener is in no way responsible for the content submitted to Online Listener services, and will not be held liable for any such content, or any consequences of such content being posted.

By submitting content to Online Listener, you are representing and warranting that you are fully entitled to do so, and that you are the sole owner of the content, or are otherwise authorised by the owner to submit the content to Online Listener services.

You warrant that by posting the content, it will not violate the rights of any third party, or any laws whether criminal, tortuous or otherwise. You agree to pay all fees, royalties or any other payments owing to any third party resulting from the posting of content.

You will not bully, intimidate or otherwise harass any user. You will not post content that is hateful, threatening, pornographic or that contains nudity or graphic or gratuitous violence.

You will not use Online Listener services to do anything unlawful, misleading, malicious or discriminatory.

4. Non commercial Use

Online Listener services are solely for the non commercial use of the organisations that subscribe to Online Listener and users within these organisations. Online Listener services may not be used for, or in connection with, any commercial endeavour unless specifically authorised by Online Listener. This includes using any data retrieved from Online Listener services (whether manually or automatic) for use in any commercial activity. Appropriate legal action will be taken for any illegal or unauthorised use of the Online Listener services.

5. Severability

In the event that any term of this document is held to be invalid or unenforceable, the remaining terms and conditions shall remain valid and enforceable. If we fail to enforce any of this statement, it will not be considered a waiver. Nothing in these terms shall prevent us from complying with the law.

6. Disclaimer and Release

Online Listener is provided “AS-IS” and as available and Online Listener disclaims any warranty of fitness for any purpose and non-infringement. You use Online Listener at your own risk. We do not guarantee that Online Listener services will be safe or secure. Online Listener is not responsible for the actions, content, information or data of third parties, and you release us, our officers employees and agents from any claims and damages, known or unknown arising from or in connection with any claim that you make against any such third party.

7. Indemnity

You agree to indemnify and hold Online Listener harmless from any loss, claim, liability, demand or expenses (including any legal fees) made by any third party due to or arising out of your use of Online Listener services.

8. Law

This agreement shall be governed by and constructed in accordance with the laws of England and Wales.