Terms and conditions of use of downsed online services
Please read the following carefully. By
accessing this Web Site you are agreeing to following terms that appear
below.
- Introduction
- Down Syndrome Education Internationalprovides a range of web
sites (the "Web Sites"), presently including:
- downsed online
- down syndrome online
- downsed online shop
- downsed
secure Web Site
- Down Syndrome Discussion Groups, presently located at
http://listserv.down-syndrome.info/
- The Web Sites are owned and operated by DownsEd Limited, a
wholly-owned subsidiary of Down Syndrome Education International(company number 3266266), a charity registered in England under
charity number 1062823, whose registered office is at The Sarah
Duffen Centre, Belmont Street, Southsea, Portsmouth, Hampshire, PO5
1NA, England.
- Certain areas of the Web Sites are only open to you if you
register. Also, additional material ("Subscription Content") is
available to you on a paid-for basis. Specific provisions relating
to your use of Subscription Content are set out in Section II.5 of
these Terms.
- There is no specific time limit applying to your access and use
of the Web Sites on these Terms. However, Down Syndrome Education Internationaland/or DownsEd Limited reserves the right to
suspend or terminate your access and use of the Web Sites at any
time. It may exercise this right with or without notice. If
applicable, notice will be given to your e-mail address as notified
to Down Syndrome Education Internationaland/or DownsEd Limited. In
that event, notice will be deemed to be served three hours after
transmission or posting.
- Use of the Web Sites
- Content
- All material on the Web Sites and information sent by email
(the "Content") belongs to Down Syndrome Education Internationaland/or DownsEd Limited, or their licensors. You may
retrieve and display Content from the Web Sites on a computer
screen, print individual pages on paper (but not photocopy them)
and store such pages in electronic form on disk (but not on any
server or other storage device connected to a network) for your
personal, non-commercial use.
- Except as expressly set out above, you may not
reproduce, modify or in any way commercially exploit any of the
Content. In particular, but without limiting the
general application of the restrictions contained in the
preceding sentence, you may not do any of the following without
prior written permission from Down Syndrome Education Internationaland/or DownsEd Limited:
- redistribute any of the Content (including by using it
as part of any library, archive or similar service);
- remove the copyright or trade mark notice from any
copies of Content made under these Terms;
- create a database in electronic or structured manual
form by systematically downloading and storing all or any of
the Content.
- Requests to republish or redistribute Content should be
addressed to
ip-rights@downsed.org.
- Registration
- On registration, you must provide Down Syndrome Education Internationaland/or DownsEd Limited with accurate, complete
registration information and it is your responsibility to inform
Down Syndrome Education Internationaland/or DownsEd Limited of
any changes to that information (including in particular your
e-mail address) by emailing
web-registration@downsed.org.
- Each registration is for a single user only. On
registration, you will choose a user name and password. Down Syndrome Education Internationaland/or DownsEd Limited do not permit
any of the following:
- any other person sharing your user name and password;
- access through a single name and password being made
available to multiple users on a network.
- You are responsible for all use of the Web Sites made by you
or anyone else using your user name and password (collectively,
"ID") and for preventing unauthorised use of your ID.
- If you believe there has been any breach of security such as
the disclosure, theft or unauthorised use of your ID or any
payment information, you must notify Down Syndrome Education Internationalimmediately by emailing
web-security@downsed.org.
- Discussion Lists
- The Web Sites may include e-mail discussion lists and other
public areas that allow feedback to Down Syndrome Education Internationaland interaction between users ("Discussion
Lists"). While Down Syndrome Education Internationaldoes not
control the information posted to Discussion Lists (the
"Messages"), it reserves the right (which it may exercise at its
sole discretion without notice) to delete, move or edit the
Messages and you waive any moral rights that you may have in
regard to the Messages.
- You are solely responsible for the content of your Messages.
You must comply with any rules posted by Down Syndrome Education Internationalon a Discussion List. You may not:
- post or otherwise publish any Messages containing any
form of advertising for goods and services;
- post or otherwise publish any Messages that are
unlawful, threatening, abusive, libellous, indecent,
infringe the rights of third parties or which contain any
other form of illegal content;
- post or otherwise publish any Messages that contain a
virus or other harmful component; or
- restrict or inhibit any other user from using the
Discussion Lists.
- By submitting messages to any Discussion Lists you agree to
indemnify and hold harmless Down Syndrome Education Internationalfrom all claims, costs and expenses (including legal expenses)
arising out of any Messages posted or published by you that are
in breach of this section 3.
- By submitting Messages to any Discussion Lists you are
granting Down Syndrome Education Internationala perpetual royalty
free non-exclusive licence to reproduce, make available,
distribute and sub-license the Message in whole or in part and
in print or electronic form.
- News by E-Mail
- Down Syndrome Education Internationalmay give you the option
to subscribe to its e-Newsletters service. Your use of the
Content received through the e-mail news service will be subject
to these Terms and Conditions.
- Subscription Content
- Subscription Content will be accessible on payment of
certain charges. All payments (including any applicable taxes)
must be made by credit card in pounds sterling or any
alternative currency that Down Syndrome Education Internationaland/or DownsEd Limited may specify. If Down Syndrome Education Internationaland/or DownsEd Limited (or their designated
agent) does not receive payment authorisation from your credit
card clearing service, Down Syndrome Education Internationaland/or DownsEd Limited may immediately suspend your use of the
Web Sites. You are responsible for the payment of all charges
associated with the use of the Web Sites using your user
account.
- If your use of the Web Sites is terminated by Down Syndrome Education Internationaland/or DownsEd Limited, you will be
entitled to receive a refund of any credits that remain unused
at the time of termination (unless your use is terminated
because you are in breach of these Terms). You will still be
responsible for any fees or other charges incurred by you until
the termination of your rights to use the Web Sites.
- Trademarks
- The trademarks, logos and service marks ("Marks") displayed on
the Web Sites are the property of Down Syndrome Education Internationaland/or DownsEd Limited, or other third parties. You are not
permitted to use the Marks without the prior written consent of Down Syndrome Education Internationaland/or DownsEd Limited, or such
third party which may own the Marks.
- Limitation of Liability and Disclaimer
- The Content is only for your general information and use. Whilst
every effort has been made to ensure the accuracy and suitability of
the Content on this web site, and the Content does not necessarily
constitute any form of advice, recommendation or arrangement by Down Syndrome Education Internationalor DownsEd Limited. In particular,
the Content is not intended to be used for medical diagnosis or
treatment or in lieu of consulting with a physician or competent
healthcare professional for medical diagnosis and/or treatment. Any
arrangements made between you and any third party named on this Site
are at your sole risk and responsibility.
- Down Syndrome Education Internationaland/or DownsEd Limited do
not give any warranties in respect of the Web Sites. In particular,
the Web Sites are provided on an "as is", "as available" basis and
Down Syndrome Education Internationaland/or DownsEd Limited do not
guarantee the accuracy, timeliness, completeness, performance or
fitness for a particular purpose of the Web Sites or any content.
All implied warranties are excluded from these Terms to the extent
that they may be excluded as a matter of law. Additionally, Down Syndrome Education Internationaland/or DownsEd Limited make no warranty
that the web sites are year 2000 compliant or free from infection by
viruses or anything else that has contaminating or destructive
properties.
- Down Syndrome Education Internationaland/or DownsEd Limited will
not be liable for any damages (including without limitation, damages
for loss of profits) arising in contract, tort or otherwise from
your use or inability to use the Web Sites or any content or from
any action taken (or refrained from being taken) as a result of
using the Web Sites or any content.
- The Web Sites contain links to other World Wide Web sites. Those
sites are provided by independent third parties and neither Down Syndrome Education Internationalnor DownsEd Limited is not responsible
for their availability or content.
- Notwithstanding the provisions of this Section IV, Down Syndrome Education International's liability will not be limited in
the case of death or personal injury directly caused by Down Syndrome Education International's and/or DownsEd Limited's
negligence.
- Privacy Policy
- The information that you provide about yourself to Down Syndrome Education Internationaland/or DownsEd Limited only be used by
Down Syndrome Education Internationaland/or DownsEd Limited in
accordance with its Privacy Policy Statement.
- Changes to these Terms
- Down Syndrome Education Internationaland/or DownsEd Limited
reserve the right, at their discretion, to make changes to any part
of the Web Sites. Due to their policy of updating and improving the
Web Sites, Down Syndrome Education Internationaland/or DownsEd
Limited may wish to change these Terms (including those relating to
your use of the Content). It is your responsibility to refer to the
Terms whenever you access the Web Site. By accessing the Web Site
you are agreeing to be bound by the Terms as varied or amended from
time to time.
- Advertising and Sponsorship
- Parts of the Web Sites may contain advertising and sponsorship
from third parties. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on the Web Sites
complies with international and national law. Down Syndrome Education Internationaland/or DownsEd Limited will not be responsible for
any error or inaccuracy in advertising material.
- Competitions and Prize Draws
- From time to time Down Syndrome Education Internationaland/or
DownsEd Limited will run competitions, free prize draws and
promotions on the Web Sites. These are subject to additional terms
that will be made available at the time of such competitions.
- Choice of Law and Jurisdiction
- These Terms shall be governed by, and construed in accordance
with, English law.
- The parties irrevocably agree that the courts of England shall
(subject to the paragraph below) have exclusive jurisdiction to
settle any dispute which may arise out of, under, or in connection
with these Terms or the legal relationship established by them, and
for those purposes irrevocably submit all disputes to the
jurisdiction of the English courts.
- For the exclusive benefit of Down Syndrome Education International, Down Syndrome Education Internationalshall retain the right to
bring proceedings as to the substance of the matter in the courts of
the country of your residence or, where these Terms are entered into
in the course of your trade or profession, the country of your
principal place of business.
- General
- You may not assign, sub-license or otherwise transfer any of
your rights under these Terms.
- If any provision of these Terms is found to be invalid by any
court having competent jurisdiction, the invalidity of that
provision will not affect the validity of the remaining provisions
of these Terms, which shall remain in full force and effect.
- Failure by either party to exercise any right or remedy under
these Terms does not constitute a waiver of that right or remedy.
- Headings in these Terms are for convenience only and will have
no legal meaning or effect.
- These Terms were last revised on 18 September
2006.