The Department for Children, Schools and Families (“DCSF”)

TERMS OF USE, RULES of ETIQUETTE and COPYRIGHT ADVICE

1.         INTRODUCTION

Welcome to this site, which is owned and operated by the Department for Children, Schools and Families (“DCSF” or “we” or “us”).

These Terms of Use (“Term(s)”) apply to your use of this site. However, we make a number of sites available to you, and some of those sites may be governed by different terms of use. You should therefore always check which terms of use apply to each of our sites, before you use them.

By using this site, regardless of whether or not you choose to register with us, you are agreeing to these Terms. If you do not wish to be bound by these Terms, you should not use this site. 

2.         CHANGES

We may make changes to these Terms at any time. We will let you know what these changes are by posting them to this page, and, if you are a registered user, by e-mailing you. It is your responsibility as a user to make sure that you are aware of these changes. Changes will become effective as soon as they are posted. If you continue to use this site after the posting of changes to these Terms, it means that you accept any such changes.

3.         FEATURES

Some of the sites that we make available provide you with information only; but many of them allow you to contribute and share resources (such as case studies) and to exchange ideas and collaborate with other users through wikis, forums, blogs, online survey tools and other exciting new learning management tools.

We are always looking at ways to improve the site and so we may update and make changes to the content or features made available on this site at any time.

4.         ACCESS

You can visit most areas of this site without registering. However, if this site includes interactive features, you will need to register to use them, e.g. to post to a forum or to contribute material to the site.

Each registration is for a single user only. Passwords must be a minimum of six characters. Please do not share your user name and password with any other person as you will be held personally liable for all activities that occur under your password whether they occur with or without your knowledge.

5.         PRIVACY POLICY

We take your privacy seriously. Please read our Privacy Policy to see what personal information we collect through this site and how we deal with this information.

6.         LINKS

This site may include links to third party sites posted either by us or by our users. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any information, content or material contained within, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risk.

If you use a linked site, any personal information you give them will be used in line with their privacy policy, not ours, so please ensure that you read their privacy policy fully before you provide any personal information.

7.         ABOUT CONTENT WE PROVIDE ON THIS SITE

This site contains content provided by the DCSF and others. DCSF content is subject to Crown copyright protection which is administered by the Office of Public Sector Information (OPSI). The ways in which you are allowed to use Crown copyright material can be found at www.dfes.gov.uk/copyright. If there is any conflict or inconsistency regarding the use of Crown copyright material between the rules found on that website and these Terms, the former will prevail.

If you see any material on this site which is identified as belonging to a third party, other than content generated by other users, you will need to get their permission to re-use it beyond viewing it on screen or downloading a page for your personal, private, non-commercial use.

There may also be material on this site which has been generated by other users through our interactive features such as our online learning environments, forums or wikis. Please read Your permitted use of UGC on this site to understand the terms on which you may use this content.

8.         ABOUT CONTENT YOU AND OTHER USERS PROVIDE TO THIS SITE

If this site contains any interactive features, the following applies:

The spirit of collaboration

Please click here and read the ‘Do’s and Don’ts’ for posting and contributing material. These are not binding rules – those are set out below. Instead, they reflect the principles and etiquette which we would like all our users to respect when collaborating with each other through this site.

The rules of collaboration

Any material which you and other users post or contribute to the interactive features of the site, including forums, online learning environments, blogs and online surveys is generally known as “user generated content” or “UGC” for short. The following provisions explain the rules for contributing material, how we and other users may use your UGC and how you can use their UGC.

Contributing UGC

You should only contribute UGC to this site if you know that you have the necessary rights to do so.

Images and other identifiable information

Do not upload any images that identify individuals to this site unless you have explicit written consent to make their image available through the site and to permit its use by others via this site in the way described in ‘Who can use your UGC and how they can use it”. In the case of children, their parents would have to give you such explicit written consent.

In addition, do not include any information in the material that you upload which would identify, or help to identify, an individual, for example naming a pupil in a case study.

Material you upload

By uploading or posting any material to this site, whether text, images, video or sound recordings, you are giving a warranty to DCSF and to other users that: (i) you either own any copyright in that material or that you have obtained the necessary right(s) to make the material available through the site and permit its use via this site and that such permissions are freely available on demand by us should we require; and (ii) you will not be acting outside the terms of your employment, infringing anyone’s rights or breaching any law or regulation (including data protection and privacy laws), by contributing that material and by allowing it to be used in the ways described in the following paragraph.

Who can use your UGC and how they can use it

When you contribute UGC to this site (whether fresh material posted by you, or a modified version of UGC posted by another user that you have found on this site):

• you are granting to DCSF unlimited, non-terminable and free permission to make all or any part of your UGC available through the site to other users of the site and to allow any other sites to link to pages on this site which contain your UGC;
• you are granting to every other user of this site unlimited, non-terminable and free permission to use all or any part of your UGC on the same terms as you are permitted to use their UGC as described in the paragraph below headed Your permitted use of UGC on this site ;
• you are granting DCSF unlimited, non-terminable and free permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.

Your permitted use of UGC on this site

You are free to:

• use, copy, amend, distribute, display, publish and perform the UGC; and
• make derivative works from it (“Derivative Work”).

provided that

• you only make non-commercial use of it;
• if you use or distribute the UGC, you make clear to others the licence terms on which the original work was made available, by directing them to these Terms;
• if you create any Derivative Work, you make such Derivative Work available to others on the same terms as this licence.
• General rules governing posting of content and participation through our interactive features
• We positively encourage the sharing of resources and information between our users. However, we do require that your use of our site and any other interactive features that we provide is lawful. Consequently, you may not use our site or any of our interactive features for any illegal purpose and in particular you will not:
• post content or initiate communications which are unlawful, defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person as determined by us in our sole discretion
• upload, post, email, transmit or otherwise make available any content or initiate communications that infringe the intellectual property rights or any other rights of others
• harvest or otherwise collect or use information about others without their explicit consent
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other hardware or software
• interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site
• after receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed
• impersonate another person
• engage in any other conduct that restricts or inhibits any other person from using or enjoying our site, or which, in our judgment, exposes us to any liability or detriment of any type.

No monitoring

We do not monitor the use of the site or our interactive features, so we do rely on you to inform us direct if you spot any abuse or inappropriate behaviour or if you believe any infringement of your rights may have occurred, by sending an email to facilitator@nationalstrategies.co.uk.

We will then review the particular items and determine in our sole discretion whether they should be removed altogether and take any other action that we believe is appropriate.

We reserve the right (but we are not obliged) to do any or all of the following:-

• record the content that is posted or the communications that pass via our interactive features
• investigate a claim that any one or more communications or item of content does not conform to the Terms and determine in our sole discretion to remove or request the removal of such communications or content
• remove without notice content or communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms
• terminate a user’s access to the site
• monitor, edit, or disclose any content posted to our site or communications passing via our interactive features at our own discretion.
• edit or remove any content or communication(s) posted on our site, regardless of whether such content or communication(s) breaches these Terms.

9.         DISCLAIMER

Although we provide our site in good faith we cannot and do not guarantee the accuracy, integrity, quality or completeness of the resources, or other information available via this site. In particular, we do not endorse in any way, nor accept responsibility for any opinions, advice, statements or other information or content made available by users who upload content to this site.

Please be aware although this site may contain references to third parties’ products or services, the inclusion of such references on our site does not represent an endorsement, either express or by implication, of such products or services, nor does it indicate that the products or services have been evaluated or approved by us.

We do not promise that your access to the site, or its content will be delivered uninterrupted, timely or error-free, or that the site will be free from viruses or other harmful properties. Any material downloaded or otherwise obtained through the use of the site is done entirely at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

You agree that, to the extent permitted by law, we will not be held liable for any direct, indirect, incidental or other type of loss or injury resulting from: (i) your downloading or use of any content from our site; or (ii) any use made by any third party of content uploaded by you on the site.

10.        INDEMNITY

You agree to indemnify, defend and hold harmless us, our employees, agents and licensors from and against any claim, liability, cost, damage or loss we or they may incur (including reasonable legal fees) as a result of (i) any material that you post, transmit, or otherwise make available (ii) your use of this site and any material posted on it (iii) any actions you take which disrupt access to and/or functioning of our site (iv) or any breach by you of your obligations under these Terms, in particular, the Rules of collaboration.

11.        SITE AVAILABILITY

Whilst the only downtime should normally be for planned fixed periods, we may temporarily suspend or interrupt access to the site from time to time without notice in order to repair, improve or upgrade the site. 

12.        GENERAL

Severability

If any part of the provisions of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and will remain in force

Entire agreement

These Terms govern our relationship with you and represent our entire agreement with you.

Waiver

If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

Reservation of rights

Any rights not expressly granted in these Terms are reserved.

Governing law and jurisdiction

The contract between us will be concluded in English. Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the law of England and Wales.

13.       CONTACT US

This site is owned and operated by The Department for Children, Schools and Families.

Department for Children, Schools and Families
Sanctuary Buildings
Great Smith Street
London
SW1P 3BT

For enquiries about the site, you should contact

facilitator@nationalstrategies.co.uk or write to National Strategies at the above address.

Rules of Etiquette (“Do’s and Don’ts”) and COPYRIGHT ADVICE

We encourage debate and the sharing of information between our users. It is important however that users use this resource responsibly and to that end these rules of etiquette have been provided to help you understand your roles and responsibilities as participants. 

Do:

• Read and make sure you understand the site’s Terms of use before uploading any content to the site.
  
• Ensure that you have permission to use the material that you are uploading to the site.
• For example, if you have produced the material in the course of your employment, your employer will own copyright in that material. You should therefore obtain your employer’s permission to upload the material and permit its use in the way described in the Terms before uploading it to the site.
• Respect this community…
  
• Respect others (including their materials, personal information, opinions and beliefs), assume goodwill and be civil.
  
• Cite your sources - if you are quoting or referring to another person’s/organisation’s material, please make sure you state where you got it from. For example, for a book you must state the author, title, year of publication and the page from which you’ve quoted, or for a website you would have to give the URL (www.etc.com) and when you last accessed it.
• Avoid conflict and, if conflict arises, use the communication lines to your forum facilitators to report it, or send an email to the global facilitator address (facilitator@nationalstrategies.co.uk).
• Report anything you’re not happy with...
  
• For any situation where you perceive conflict, i.e. information, materials or discussions which you find offensive or problematic, report the situation to the facilitators, or send an email to the global facilitator address (facilitator@nationalstrategies.co.uk). It is not a problem you have to solve yourself.
  
• When posting your own information – keep in mind…
  • a number of people could access what you place on the site (e.g. your personal information, what you post in a message or discussion forum, what you write on a webpage or in your blog, or what you upload or refer to).
• Take responsibility…
  
  • It is your responsibility to make sure you comply with the Terms of use for this site.

• Infringe copyright – i.e. don’t post copyright material, unless you own are the rights owner or have permission from the rights owner to do so. See copyright advice for further guidance.
• Upload images of identifiable individuals to the site, unless you have their explicit written consent to make their image available through the site and to permit its use by others via this site or, in the case of children, their parents have given you such explicit written consent.
• Identify individuals in any content you upload, so for example, if you are uploading a case study, do not identify any pupils by naming them.
• Spam – i.e. repeatedly post the same message a number of times or post chain letters or other junk mail.
• Be offensive or Troll– i.e. post “inflammatory, rude, repetitive or offensive messages designed intentionally to annoy or antagonize the existing members or disrupt the flow of discussion, including the personal attack of calling others trolls.” (from Wikipedia, URL: http://en.wikipedia.org/wiki/Internet_troll)
• Advertise anything.
  
• Impersonate – i.e. pretend to be someone you’re not.
• Forget that if you have created something in the course of your employment it is likely that your employer owns the copyright in it – not you.

If in doubt – don’t post it!

Copyright advice

Take care if you are considering posting material that is not yours (i.e. written, drawn, designed, composed, performed or otherwise created than by yourself) as it may be subject to copyright restrictions and you may need permission from the rights owner(s) to post it on the site.

You should be aware that including material owned and controlled by third parties (whether this material is a text extract, a child’s work, a logo or trademark, two lines of a song, or a screengrab from a website – this list is not exhaustive) is likely to require permission, and potentially the payment of a fee. You must therefore ensure that you have gained all necessary permissions before uploading anything onto this site

Rights owners of intellectual property have many rights which you need to be aware of, including:

• the right to grant or refuse permission for re-use of their work
• the right to be acknowledged as the author of the work and for their work not to be falsely attributed to the wrong person
• the right to object to their work being subjected to derogatory treatment (this may in effect, merely mean cropping a photo, reproducing a work of art with poor or incorrect colour values, or abridging text)
• the right to prevent use of a photograph unless you have their consent