TOTEM ACCEPTABLE USE POLICY:
STARTER PLAN

1. Totem

1.1 The ‘Totem’ mobile application was built by Play Consulting Limited (company number: 08951341) whose registered office is at The Handbag Factory, 3 Loughborough Street, London, SE11 5RB (“PLAY ”, “we”, “us” or “our”) and comes in two flavours: 

1.2 a paid-for version used by organisations to allow them to better connect, recognise and motivate their most important assets – their people; and

1.3 a free version, provided directly by PLAY, which allows individual users to create their own teams – whether in their workplace, in a sports team or club, in a university, or elsewhere – to allow them to better connect, recognise and motivate each other.

1.4 The free version of Totem – to which this acceptable use policy (this “Policy”) relates – consists of the Totem mobile application, the Totem TV web interface and the Totem management interface (together, “Totem”).

1.5 This Policy sets out the content standards that apply when you upload content, make contact with other users on Totem, link to any part of Totem, or interact with Totem in any other way.

1.6 By using Totem, you confirm that you accept the terms of this Policy and that you agree to comply with them.

1.7 If you do not agree to this Policy, you must not use Totem.

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2. Other terms that may apply to you

2.1 Our Terms of Use (available here) and Privacy and Cookies Policy (available here) also apply to your use of Totem.

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3. We may make changes to the terms of this policy

3.1 We amend this Policy from time to time. Every time you wish to use Totem, please check this Policy to ensure you understand the terms that apply at that time.

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4. Prohibited uses

4.1 You may use Totem only for lawful purposes. You may not use Totem:

• a) in any way that breaches any applicable local, national or international law or regulation;
• b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• c) for harming or attempting to harm minors in any way;
• d) to bully, insult, intimidate or humiliate any person;
• e) to send, knowingly receive, upload, download, use or re-use any material in breach of our Terms of Use or this Policy;
• f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• h) to send, post, create or display content or material that infringes the rights (including intellectual property rights) of any other person.

4.2 You may not: 

• a) reproduce, duplicate, copy or re-sell any part of Totem in breach of our Terms of Use or this Policy.
• b) access without authority, interfere with, damage or disrupt Totem or any network or software used in the provision of Totem.

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5. Content standards

5.1 These content standards (these “Standards”) apply to any and all information, materials or content which you contribute to Totem (“Your Content”), and to any interactive services associated with it.

5.2 These Standards must be complied with in spirit as well as to the letter. These Standards apply to each part of Your Content as well as to it as a whole.

5.3 Play will determine, in its discretion, whether Your Content breaches these Standards.

5.4 Your Content must:

• a) be accurate (where it states facts);
• b) be genuinely held (where it states opinions); and
• c) comply with the law applicable in England and Wales and in any country from which it is posted.

5.5 Your Content must not:

• a) be defamatory of any person;
• b) be obscene, offensive, hateful or inflammatory;
• c) bully, insult, intimidate or humiliate;
• d) contain or promote sexually explicit material;
• e) include child sexual abuse material;
• f) promote violence;
• g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• h) infringe any copyright, database right or trade mark of any other person;
• i) be likely to deceive any person;
• j) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• k) constitute or promote any illegal content or activity;
• l) be in contempt of court;
• m) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
• n) be likely to harass, upset, embarrass, alarm or annoy any other person;
• o) impersonate any person or misrepresent your identity or affiliation with any person;
• p) give the impression that the Your Content emanates from any third party, if this is not the case;
• q) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• r) contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• s) contain any advertising or promote any services or web links to third party sites.

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6. Breach of this policy

6.1 When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.

6.2 Failure to comply with this Policy constitutes a material breach of the terms on which you are permitted to use Totem, and may result in our taking all or any of the following actions:

• a) immediate, temporary or permanent withdrawal of your right to use Totem;
• b) immediate, temporary or permanent removal of any of Your Content uploaded to Totem;
• c) issue of a warning to you;
• d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• e) further legal action against you;
• f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

6.3 We exclude our liability for all action we may take in response to breaches of Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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7. How this Policy can be transferred

7.1 We can transfer our rights and obligations under this Policy to any third party, provided this does not adversely affect your rights under this Policy.

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8. Law and Jurisdiction

8.1 Please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

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This policy was last modified on Tuesday 27th September 2022.

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