Terms and Conditions of Use
of DSE Online Services
Please read the following carefully. By accessing our web sites you are agreeing
to following terms and conditions. If you have any questions, please email
webmaster@dseinternational.org
- Access to and use of our online services
- Access to and use of our online services is provided on the following terms.
- By using our online services you agree to be bound by these terms, which shall take
effect immediately on your first use of one of our online services. If you do not
agree to be bound by all of the following terms please do not access, use and/or
contribute to any of our online services.
- Our online services are operated by Down Syndrome Education International, by its
subsidiary company Down Syndrome Education Enterprises Limited and by its associated
nonprofit Down Syndrome Education USA, hereinafter referred to as DownsEd:
- Down Syndrome Education International is a charitable company,
limited by guarantee and registered in England and Wales, company number 3266266
and charity number 1062823. Down Syndrome Education International's registered office
is at: The Sarah Duffen Centre, Belmont Street, Portsmouth, PO5 1NA, UK.
- Down Syndrome Education Enterprises Limited is a company, limited
by shares and registered in England and Wales, company number 2413145. Down Syndrome
Education Enterprises Limited is a wholly-owned, primary-purpose subsidiary of Down
Syndrome Education International. Down Syndrome Education Enterprises Limited's
registered office is at: The Sarah Duffen Centre, Belmont Street, Portsmouth, PO5
1NA, UK.
- Down Syndrome Education USA is a nonprofit corporation, incorporated
in California, USA, and is exempt from US Federal income tax under section 501(c)(3)
of the Internal Revenue Code. Down Syndrome Education USA's registered office is
1451 Quail Street, Suite 104, Newport Beach, California 92660, USA.
- Our online services include web sites, email discussion groups, voice and video
communications, video broadcasts and other services delivered utilising the Internet,
including:
- www.dseinternational.org, a web site operated by Down
Syndrome Education International
- www.dseusa.org, a web site operated
by Down Syndrome Education USA
- www.dseenterprises.org, a web site operated by Down
Syndrome Education Enterprises Limited
- www.down-syndrome.org, a web site operated
by Down Syndrome Education International
- www.see-and-learn.org, a web site operated
by Down Syndrome Education International
- www.up-for-reading.org, a web site operated
by Down Syndrome Education International
- resources.down-syndrome.org, a web site operated by Down Syndrome Education International
- www.sue-buckley.org, a web site operated
by Down Syndrome Education International
- blogs.downsed.org, a web site operated by
Down Syndrome Education International
- secure.downsed.org, a web site operated by Down Syndrome Education International
- shop.downsed.com, a web site operated by
Down Syndrome Education Enterprises Limited
- store.downsedusa.org, a web site operated
by Down Syndrome Education USA
- listserv.down-syndrome.net, a web
site and email discussion groups operated by Down Syndrome Education International
- We may change these terms from time to time and so you should check these terms
regularly. Your continued use of our online services will be deemed acceptance of
the updated or amended terms. If you do not agree to the changes, you should cease
using our websites. If there is any conflict between these terms and specific local
terms appearing elsewhere on our web sites then the latter shall prevail.
- Use of the online services
- You agree to use our online services only for lawful purposes, and in ways that
do not infringe the rights of, restrict or inhibit anyone else's use and enjoyment
of our online services.
- You must not use online services for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful
activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent,
defamatory, obscene or menacing; or in breach of copyright, trademark, confidence,
privacy or any other right; or is otherwise injurious to third parties; or objectionable;
or which consists of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any 'spam'
- to cause annoyance, inconvenience or needless anxiety
- Prohibited behaviour includes harassing or causing distress or inconvenience to
any person, transmitting obscene or offensive content or disrupting the normal flow
of dialogue within our web sites.
- Intellectual property
- All copyright, trade marks, design rights, patents and other intellectual property
rights (registered and unregistered) in and on our web sites and all content (including
all applications) located on the site shall remain vested in DSE and/or their
licensors (which includes other users).
- You may not copy, reproduce, republish, disassemble, decompile, reverse engineer,
download, post, broadcast, transmit, make available to the public, or otherwise
use content from our web sites in any way except for your own personal, non-commercial
use.
- You also agree not to adapt, alter or create a derivative work from any of our content.
- Where additional permissions are granted in respect of some of our content, these
will be clearly stated on the content to which the additional permissions apply
(see also 4 - Open Access licensing).
- Any other use of our content requires the prior written permission of the appropriate,
copyright-owning DSE organisation.
- Requests to republish or redistribute our content should be addressed to
ip-rights@dseinternational.org
- Trademarks and trade dress
- DownsEd, See and Learn, Up for Reading, Down Syndrome Issues and Information, Down
Syndrome Research and Practice, Down Syndrome in Practice, and the DSE book,
DownsEd, DSE International, DSE USA, DSE Enterprises, See and Learn,
Up for Reading logos and other marks shown on our online services are trademarks
or registered trademarks of Down Syndrome Education International or its subsidiary
in the European Union and/or other jurisdictions.
- DownsEd's graphics, logos, page headers, icons, scripts and service names are the
trademarks or trade dress of DownsEd. DownsEd's trademarks and trade dress may not
be used in connection with any product or service that is not DownsEd's, in any
manner that is likely to cause confusion among donors or customers, or in any manner
that disparages or discredits DownsEd.
- The names, images and logos identifying DSE (individually or collectively) or
third parties and their products and services are subject to copyright, design rights
and trade marks of DSE and/or third parties. Nothing contained in these terms
shall be construed as conferring any licence or right to use any trade mark, design
right or copyright of any DSE organisation or any other third party.
- Open Access licensing
- Some of our content is offered with the permission to freely copy, distribute and
transmit the specific work (article, book, report, film) contained within the content.
We refer to this as Open Access content.
- Content or works that are offered with additional permissions are clearly marked.
Where content is not clearly marked as being Open Access, no additional rights are
granted and all of the restrictions specified above (3 - Intellectual Property)
apply.
- Where a work is marked as being Open Access, unless specified otherwise, the work
is offered under a
Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported licence.
In summary, this permits you to to share (to copy, distribute and transmit) the
work under the following conditions:
- You must attribute the work in the manner specified below (but not in any way that
suggests that DSE endorse you or your use of the work) and keep intact all copyright
notices.
- You may not use the work for commercial purposes (in any manner that is primarily
intended for or directed toward commercial advantage or private monetary compensation).
- You may not alter, transform, or build upon the work.
- For any reuse or distribution, you must make clear to others the license terms of
the work. The best way to do this is with a link to these terms and conditions.
- If you share our Open Access content, then you must clearly attribute the original
source of the work, including the original publication, web site and publisher and
including a hyperlink to the original work, where possible resolved via the
Digital Object Identifier System. Examples follow:
- Example article source attribution:
Article shared with permission from Down Syndrome Education International (http://www.dseinternational.org/).
Original source: Buckley SJ. The power of behavioural approaches - we need a revival.
Down Syndrome Research and Practice. 2008;12(2);103-104.
doi:10.3104/updates/2038. Original copyright © 2008 Down Syndrome Education
International.
Example book source attribution:
Book shared with permission from Down Syndrome Education International (http://www.dseinternational.org/).
Original source: Buckley SJ. Living with Down syndrome. 2000.
doi:10.3104/information/development/overview
- The precise terms of the licence under which permission to freely share Open Access
content is granted (unless otherwise specified), are specified in the
Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported licence.
- Registration, user identification and passwords
- Access to certain DSE online services may require registration.
- You will provide us with accurate, complete registration information (including,
in particular, your email address) and inform us of any changes to such information.
For the purpose of confirming your compliance with these terms, we reserve the right
to monitor and record activity on our online services.
- You are solely responsible for the confidentiality and use of and access to Down Syndrome Education Online online services using your user name and password.
- You agree to immediately notify DSE if you become aware of any loss or theft
of any password or user name or any unauthorised use of a password or user name.
- Each registration is for a single user only. You may not share your user name and
password with any other person, nor may you share or transfer subscriptions. Down Syndrome Education Online does not permit access through a single name and password being made available to
multiple users on a network. We may cancel or suspend your access to our online
services if you do this without further obligation to you.
- We reserve the right to refuse access to our online services, terminate accounts,
remove or edit content, or cancel orders at our discretion. If we cancel an order,
it will be without charge to you.
- Privacy
- Please review our Privacy Policy,
which also governs your use of our online services, to understand how we use, store
and protect your personal information.
- Donations, sales, licence fees, payments and transactions
- You may use our online services to donate or pledge gifts to DSE organisations.
These are governed by our Donors' Promise.
- You may use our online services to purchase products or services from DSE organisations.
These transactions are subject to additional terms and conditions relating to the
supply of goods and/or services. These will be clearly indicated at the point of
transactions. Current terms and conditions relating to the supply of goods and/or
services include:
- Down Syndrome Education Enterprises
Limited Terms and Conditions Relating to the Sale of Goods and Services
- You may use our online services to purchase products or services from third party
partners. In that event, your contract for such products may be with the third party
partner and not with a DSE organisation. Where this is the case, it will be
stated clearly.
- Access to certain DSE online services may be subject to a fee.
- All payments (including applicable taxes) must be made in advance in UK Pounds,
Euros or US Dollars.
- You are responsible for the payment of all charges associated with the use of Down Syndrome Education Online online services using your user name. If your use of online services is terminated
by us, you will be entitled to receive a refund of any credits or pre-payments which
remain unused at the time of termination unless such use is terminated because you
are in breach of these terms and conditions. You will continue to be responsible
for any fees or other charges incurred by you prior to such termination.
- Refunds for annual subscriptions to online services are given on a pro-rata basis,
as long as more than nine months of the subscription remains. The cost of each month
(or part thereof) of the subscription that has elapsed will be deducted from the
cost of the subscription at the prevailing monthly rate. After three months of an
annual subscription has elapsed, refunds cannot be given. A credit will be given
for articles purchased on an individual basis. Refunds can only be made to the credit/debit/charge
card that was used for the original purchase. All refunds are at the discretion
of DownsEd.
- Contributions to our online services
- By sharing any contribution (including any text, photographs, graphics, video or
audio) with us you agree to grant DownsEd, free of charge, permission to use the
material in any way we wish (including modifying and adapting it for operational
and editorial reasons) in any media worldwide.
- Copyright in your contribution will remain with you and this permission is not exclusive,
so you can continue to use the material in any way including allowing others to
use it.
- In order that Down Syndrome Education International, Down Syndrome Education Enterprises
Limited and Down Syndrome Education USA can use your contribution, you confirm that
your contribution is your own original work, is not defamatory and does not infringe
any laws, that you have the right to give us permission to use it for the purposes
specified above, and that you have the consent of anyone who is identifiable in
your contribution or the consent of their parent/guardian if they are under 16.
- We normally show your name with your contribution, unless you request otherwise,
but this is not always possible. We may need to contact you for administrative or
verification purposes in relation to your contribution, or in relation to particular
projects. For full details of when and how we may contact you please see our
Privacy Policy.
- Please do not endanger yourself or others, take any unnecessary risks or break any
laws when creating content you may share with us.
- If you do not want to grant us the permission set out above on these terms, please
do not submit or share your contribution.
- Disclaimers and Limitation of Liability
- Whilst every effort has been made to ensure the high quality and accuracy of the
information and guidance provided through DSE online services, we make no warranty,
express or implied concerning our content, products or services available through
our online services, which are provided "as is" and on an "as available"
basis.
- Content posted in email and web site discussion groups and via web site feedback
and commenting mechanisms is created by members of the public. The views expressed
are theirs and unless specifically stated are not those of DSE organisations.
DSE are not responsible for any content posted by members of the public and
available through our online services or for the availability or content of any
third party sites that are accessible through our online services.
- Any links to third party websites from DownsEd's online services do not amount to
any endorsement of that site by DSE organisations and any use of that site by
you is at your own risk.
- To the extent permitted by law, DSE excludes all representations and warranties
(whether express or implied by law), including the implied warranties of satisfactory
quality, fitness for a particular purpose, non-infringement, compatibility, security
and accuracy. DSE does not guarantee the timeliness, completeness or performance
of our online services or any of the content. While we try to ensure that all content
provided by DSE is correct at the time of publication no responsibility is accepted
by or on behalf of DSE for any errors, omissions or inaccurate content provided
through our online services.
- DSE do not warrant that functions available through our online services will
be uninterrupted or error free, that defects will be corrected, or that our systems
are free of viruses or bugs. You acknowledge that it is your responsibility to implement
sufficient procedures and virus checks (including anti-virus and other security
checks) to satisfy your particular requirements for the accuracy of data input and
output.
- Nothing in these terms limits or excludes the liability of DSE organisations
for death or personal injury caused by their proven negligence. Subject to the previous
sentence, DSE shall not be liable for any of the following losses or damage
(whether such damage or losses were foreseen, foreseeable, known or otherwise):
(a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business;
(d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses
suffered by third parties; or (g) any indirect, consequential, special or exemplary
damages arising from the use of our online services regardless of the form of action.
- In no event will any liability of DSE organisations, their affiliates, agents
and licensors to you (and/or any third party) arising out of any kind of legal claim
(whether in contract, tort, or otherwise) in any way connected with the online services
or breach of these terms and conditions by DSE organisations exceed the amount,
if any, paid by you to a DSE organisation in respect of the particular service
to which the claim relates.
- Upon our request, you agree to defend, indemnify and hold harmless DSE organisations
from any claims and expenses, including reasonable legal fees, related to any breach
of these terms and conditions by you or your use of any online services.
- Force Majeure
- DownsEd, its affiliates and its information providers will not be liable or deemed
to be in default for any delay or failure in performance or interruption of the
delivery of our online services resulting directly or indirectly from any cause
or circumstance beyond its or their reasonable control, including but not limited
to failure of electronic or mechanical equipment or communication lines, telephone
or other interconnect problems, computer viruses, unauthorised access, theft, operator
errors, severe weather, earthquakes or natural disasters, strikes or other labour
problems, wars, or governmental restrictions.
- Assignment
- This agreement is personal to you and your rights and obligations under these terms
and conditions may not be assigned, sub-licensed or otherwise transferred.
- Non-waiver
- The failure or delay of DSE organisations to exercise or enforce any right in
these terms does not waive their right to enforce that right.
- Severability/Survival
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable
by reason of the laws of any state or country in which these terms are intended
to be effective, then to the extent and within the jurisdiction in which that term
is illegal, invalid or unenforceable, it shall be severed and deleted from these
terms and the remaining terms shall survive and continue to be binding and enforceable.
- Statute of Limitations
- Any cause of action of yours with respect to these terms and conditions must be
filed in a court of competent jurisdiction in London, England, within one year after
the cause of action has arisen, or such cause will be barred, invalid, and void.
- Governing Law and Jurisdiction
- These terms and conditions 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 and conditions 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 DownsEd, we 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 and conditions are entered into in the course of your trade or
profession, the country of your principal place of business.
If you have any questions about these terms and conditions, please email
webmaster@dseinternational.org or write to:
Online Services Enquiries
Down Syndrome Education International
The Sarah Duffen Centre
Belmont Street
Portsmouth
PO5 1NA
UK
|
or
|
Online Services Enquiries
Down Syndrome Education USA
1451 Quail Street, Suite 104
Newport Beach, California 92660
USA
|
These terms and conditions were last updated on 21 January 2009. The latest version
can be found at http://www.dseinternational.org/terms-of-use/