Terms of Website Use
TERMS OF WEBSITE USE (“TERMS OF USE”)
Version One 7th June 2013
These terms of use (together with our privacy and cookies policy [INSERT AS LINK TO PRIVACY POLICY]) tells you information about us and the legal terms (together “terms”) on which you may make use of our website [insert domain name] (“our site”) whether you are a visitor or a registered user (“user”, “you”, “your” or a “registered user” where applicable and as defined below). Use of our site includes but is not limited to accessing, browsing, registering to use and using our interactive services such as our chat rooms and posting comments (these are our “interactive services”).
By using our site, you confirm that you accept these terms and that you agree to comply with them. We recommend that you print a copy of these terms for future reference. If you do not agree to our terms, you must not use our site or participate in our interactive services.
If you register an account with us, you must confirm that you have read, understood and agree to our terms.
These terms are valid from the date at the top of this page. However, we reserve the right to amend these terms from time to time. Please check this page from time to time to take notice of any changes we make, as they are binding on you. Every time you use our site, the terms in force at that time will apply.
Information about us
Our site is operated by Cauda Equina Syndrome Association (“we” or “us”). We are a limited company, registered in England and Wales under company number [insert number] and our registered office is at:
1b Sunnyside Avenue,
Billington,
CLITHEROE,
BB7 9TR.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of our terms and other applicable terms and conditions, and that they comply with them.
Registered users
To use our interactive services, you must be a registered user. You can apply to register an account with us by clicking on the Login/Registration Page. You may only register one account per person and you must have a valid email address. We do not charge for registering with us or for making our interactive services available to you.
To register, you must choose an appropriate username, which must not be offensive, infringe the rights of third parties or deceive or mis-inform other users. Your username will be displayed on our site alongside any comments or posts you make. It would therefore be advisable for you not to use your full name or any other personal details identifying you. We reserve the right to delete or amend, without notice to the registered user, any username which breaches our terms.
On registration, you will be asked to confirm your email address and you will also need to choose a password to obtain access to our login area. You agree to:
- keep your password secret at all times;
- not to allow anyone else to use your username, email address or password to access our site;
- not to do anything which would assist anyone who is not a registered user to gain access to any secured area of our site; and/or
- not to create additional registration accounts for the purpose of abusing the functionality of our site or other users, or to seek to pass yourself off as another user.
You are solely responsible for your use of our interactive services and use them at your own risk. You shall be liable for all activities that are undertaken using your registered user account and you will be responsible for any comments or posts you make on our site. If you think someone else has obtained your account details, you must promptly notify us at info@ihavecaudaequina.com and we will deactivate your account as quickly as possible.
Prohibited uses
All users of our site (including visitors and registered users) may use only use our site for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our terms;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
- 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.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these provisions;
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site;
- any equipment or network or software owned or used by any third party; and/or
- not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Interactive services
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards (below), whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as any moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
If you see anything on our site that concerns you, please contact us at info@ihavecaudaequina.com. We will try to respond to you as soon as possible and investigate the issue in hand.
Content posted on any of our interactive services is written by our registered users. We are not responsible for and do not endorse such material. We reserve the right to monitor the content and may respond to or comment upon communications made by you and edit, refuse to post, or remove any content from the interactive services in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
The views expressed by other users on our site do not represent our views or values.
Content standards
These content standards apply to any and all material which you submit to our site, to include content submitted by you on our blog posts and to any other interactive services we provide on our site (collectively “contributions”).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- be accurate (where they state facts);
- be genuinely held (where they state opinions); and/or
- comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if this is not the case; and/or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of our terms through your use of our site. Failure to comply with our terms constitutes a material breach of our terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- issue of a warning to you;
- 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;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of our terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and where applicable, you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of our terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact info@ihavecaudaequina.com.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We assume no responsibility for the content of websites linked to our site.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within our site, or for statements, advice and/or opinions made or given by registered users in our interactive services (except as required by law).
Limitation of our liability
Nothing in our terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; and/or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
Applicable law
These terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, 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.
Contact us
To contact us, please email info@ihavecaudaequina.com.
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