Terms of website use
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.
2.3 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.
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.
3.3 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.
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.
6.3 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 email@example.com
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.
10.1 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.
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
13. Governing law and jurisdiction
Issue Date: May 2013