the lullaby trust

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Terms of website use

ATTENTION: This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website www.lullabytrust.org.uk (“Website”) whether as a guest or registered user and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. By using the Website, you indicate that you accept these terms of use regardless of whether or not you choose to register with usand that you agree to abide by them. If you do not accept these terms, please refrain from using the Website.

1.                   Introduction

1.1                 www.lullabytrust.org.uk is a site operated by The Lullaby Trust (formerly The Foundation for the Study of Infant Deaths) (“we”). We are registered in charity in England under charity number 262191 and have our registered office at 11 Belgrave Road London SW1V 1RB.

2.                   Accessing the Website

2.1                 You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

2.2                 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

2.3                 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

2.4                 We may revise these terms of use at any time by updating this posting. You should check the Website from time to time to review the then current terms of use, because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages on the Website. 

3.                   Intellectual Property Rights

3.1                 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.   

3.2                 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. Save as set out in these terms of use, any use of extracts from the Website for any purpose is prohibited. If you breach any of these terms of use, your permission to use the Website automatically terminates. 

3.3                 Save as set out in clause 3.6, no part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed or stored in any way without our prior written permission. 

3.4                 The use of any material on the Website on any other website or network computer environment is prohibited.

3.5                 Any rights not expressly granted in these terms are reserved. 

3.6                 You are permitted to print and download extracts from the Website for your own use on the following basis:

(a)        no documents or related graphics on the Website are modified in any way;

(b)        no graphics on the Website are used separately from the corresponding text; and

(c)        our copyright and trade mark notices (and that of any identified contributors) and this permission notice appear in all copies.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.                   Service access

4.1                 Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. 

5.                   your obligations and warranties

5.1                 You represent, undertake and warrant to us that you will use the Website for lawful purposes and only as authorised herein. In particular, you represent, warrant and undertake to us that you will:

(a)            not use or authorise or permit any other person to use the Website in any manner which imposes an unreasonable load on the Website and/or which may compromise the feedback system (if any) offered to you;

(b)            keep secure and not disclose any password, which you create or which may be given to you by us, to third parties and that any such password will only be used for the authorised purpose communicated to you by us and further that you will notify us immediately of any known or suspected unauthorised use of the password. You will be liable for any unauthorised use of your password;

(c)            observe the procedures which we may from time to time prescribe;

(d)            not post, link or transmit to the Website any material which is unlawful, abusive, malicious, threatening, defamatory, obscene, pornographic, blasphemous or otherwise objectionable in any way;

(e)            not post, link or transmit to the Website any material for which you have not obtained all necessary licences and/or approvals;

(f)             not post, link or transmit to the Website any material which contains a virus or other hostile computer program or run any applications that could lead to a modification of the physical or logical structure of the networks being used;

(g)            not post, link or transmit to the Website any material which constitutes or encourages the commission of a criminal offence, gives rise to civil liability or is otherwise contrary to the law or which infringes any rights of any third party, in any country in the world;

(h)            adhere to laws for the protection of minors;

(i)              respect the privacy of others and that you will not send unsolicited, harassing, slanderous or threatening content;

(j)              not use any names, documents, pictures or other elements of the Website so as to create the impression of any relationship whatsoever with any of our products or services, or of support for any of our products or services without our prior written consent;

(k)            not develop or attempt to develop programs designed to bypass the user interface to access our program functions; and

(l)              treat all confidential and proprietary information and documents provided by us to you, including without limitation any password, as confidential and not to disclose the same to a third party. 

5.2                 Using the Website for the purpose of spamming and any other form of commercial advertising or marketing is not permitted and you will be liable for any resulting damages.

5.3                 You shall indemnify us for any beach of the warranties set out at clause 5.1 above. 

6.                   Material uploaded to the Website

6.1                 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Rules. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

6.2                 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to law enforcement authorities and any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

6.3                 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

6.4                 We have the right to remove any material or posting you make on the Website if, in our opinion, such material is in breach of the warranties set out at clause 6.1 or does not comply with the content standards set out in our Rules. 

7.                   Viruses, hacking and other offences

7.1                 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

7.2                 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 the Website will cease immediately.

7.3                 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. 

8.                   Links to and from other websites

8.1                 Any links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of 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 material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8.2                 You may not link to the Website without the prior written consent of The Lullaby Trust.

8.3                 If you wish to make any use of material on the Website other than that set out above, please address your request to the Website manager at The Lullaby Trust, email office@lullabytrust.org.uk 

9.                   Registration

9.1                 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.2                 Responsibility for the security of any passwords issued rests with you. 

10.                Disclaimer

10.1              Whilst we endeavour to ensure that the information and advice on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

10.2              The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms of use, might have effect in relation to the Website.  

11.                Liability

11.1              We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 

11.2              This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

11.3              If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.  

12.                Data protection and privacy

12.1              We process information about you in accordance with our privacy policy [www.lullabytrust.org.uk/privacy]. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.  

13.                Governing law and jurisdiction

13.1              The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

Issue Date: May 2013

bereavement support: 0808 802 6868
information & advice: 0808 802 6869

The Lullaby Trust

11 Belgrave Road
London SW1V 1RB

Office: 020 7802 3200
Registered Charity Number: 262191
Registered Company Number: 01000824

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