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.

1. Introduction
   1. The Down Syndrome Educational Trust provides a range of web sites (the "Web Sites"), presently including:
      1. downsed online
      2. down syndrome online
      3. downsed online shop
      4. downsed secure Web Site
      5. Down Syndrome Discussion Groups, presently located at http://listserv.down-syndrome.info/
   2. The Web Sites are owned and operated by DownsEd Limited, a wholly-owned subsidiary of The Down Syndrome Educational Trust (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.
   3. 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.
   4. There is no specific time limit applying to your access and use of the Web Sites on these Terms. However, The Down Syndrome Educational Trust and/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 The Down Syndrome Educational Trust and/or DownsEd Limited. In that event, notice will be deemed to be served three hours after transmission or posting.
2. Use of the Web Sites
   1. Content
      1. All material on the Web Sites and information sent by email (the "Content") belongs to The Down Syndrome Educational Trust and/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.
      2. 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 The Down Syndrome Educational Trust and/or DownsEd Limited:
         1. redistribute any of the Content (including by using it as part of any library, archive or similar service);
         2. remove the copyright or trade mark notice from any copies of Content made under these Terms;
         3. create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
      3. Requests to republish or redistribute Content should be addressed to ip-rights@downsed.org.
   2. Registration
      1. On registration, you must provide The Down Syndrome Educational Trust and/or DownsEd Limited with accurate, complete registration information and it is your responsibility to inform The Down Syndrome Educational Trust and/or DownsEd Limited of any changes to that information (including in particular your e-mail address) by emailing web-registration@downsed.org.
      2. Each registration is for a single user only. On registration, you will choose a user name and password. The Down Syndrome Educational Trust and/or DownsEd Limited do not permit any of the following:
         1. any other person sharing your user name and password;
         2. access through a single name and password being made available to multiple users on a network.
      3. 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.
      4. 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 The Down Syndrome Educational Trust immediately by emailing web-security@downsed.org.
   3. Discussion Lists
      1. The Web Sites may include e-mail discussion lists and other public areas that allow feedback to The Down Syndrome Educational Trust and interaction between users ("Discussion Lists"). While The Down Syndrome Educational Trust does 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.
      2. You are solely responsible for the content of your Messages. You must comply with any rules posted by The Down Syndrome Educational Trust on a Discussion List. You may not:
         1. post or otherwise publish any Messages containing any form of advertising for goods and services;
         2. 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;
         3. post or otherwise publish any Messages that contain a virus or other harmful component; or
         4. restrict or inhibit any other user from using the Discussion Lists.
      3. By submitting messages to any Discussion Lists you agree to indemnify and hold harmless The Down Syndrome Educational Trust from 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.
      4. By submitting Messages to any Discussion Lists you are granting The Down Syndrome Educational Trust a 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.
   4. News by E-Mail
      1. The Down Syndrome Educational Trust may 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.
   5. Subscription Content
      1. 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 The Down Syndrome Educational Trust and/or DownsEd Limited may specify. If The Down Syndrome Educational Trust and/or DownsEd Limited (or their designated agent) does not receive payment authorisation from your credit card clearing service, The Down Syndrome Educational Trust and/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.
      2. If your use of the Web Sites is terminated by The Down Syndrome Educational Trust and/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.
3. Trademarks
   1. The trademarks, logos and service marks ("Marks") displayed on the Web Sites are the property of The Down Syndrome Educational Trust and/or DownsEd Limited, or other third parties. You are not permitted to use the Marks without the prior written consent of The Down Syndrome Educational Trust and/or DownsEd Limited, or such third party which may own the Marks.
4. Limitation of Liability and Disclaimer
   1. 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 The Down Syndrome Educational Trust or 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.
   2. The Down Syndrome Educational Trust and/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 The Down Syndrome Educational Trust and/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, The Down Syndrome Educational Trust and/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.
   3. The Down Syndrome Educational Trust and/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.
   4. The Web Sites contain links to other World Wide Web sites. Those sites are provided by independent third parties and neither The Down Syndrome Educational Trust nor DownsEd Limited is not responsible for their availability or content.
   5. Notwithstanding the provisions of this Section IV, The Down Syndrome Educational Trust's liability will not be limited in the case of death or personal injury directly caused by The Down Syndrome Educational Trust's and/or DownsEd Limited's negligence.
5. Privacy Policy
   1. The information that you provide about yourself to The Down Syndrome Educational Trust and/or DownsEd Limited only be used by The Down Syndrome Educational Trust and/or DownsEd Limited in accordance with its Privacy Policy Statement.
6. Changes to these Terms
   1. The Down Syndrome Educational Trust and/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, The Down Syndrome Educational Trust and/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.
7. Advertising and Sponsorship
   1. 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. The Down Syndrome Educational Trust and/or DownsEd Limited will not be responsible for any error or inaccuracy in advertising material.
8. Competitions and Prize Draws
   1. From time to time The Down Syndrome Educational Trust and/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.
9. Choice of Law and Jurisdiction
   1. These Terms shall be governed by, and construed in accordance with, English law.
   2. 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.
   3. For the exclusive benefit of The Down Syndrome Educational Trust, The Down Syndrome Educational Trust shall 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.
10. General
    1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
    2. 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.
    3. Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
    4. Headings in these Terms are for convenience only and will have no legal meaning or effect.
    5. These Terms were last revised on 18 September 2006.