The purpose of the Family Lives website ("the Site") is to provide you with information, services and facilities about Family Lives and its related projects and initiatives. By accessing any of the pages on the Site and/or using any of the services available on the Site (including, but not limited to, the online forum ("the Message boards")) you agree to comply with the Terms & Conditions set out below, or as otherwise amended at the time of your visit to and/or use of the Site.
If you do not agree with these Terms & Conditions do not make any use of the Site and leave it immediately.
1.1 The Site is owned and operated by Family Lives (the operating name of FamilyLives, registered charity no. 1077722) (“Family Lives”) whose address is Parentline Plus, CAN Mezzanine, 49-51 East Road, London N1 6AH. References to “we”, “us” and “our” should be construed as references to Family Lives.
1.2 We have taken care in the preparation of the Site. However, as certain technical matters may be beyond our control, we cannot guarantee that you will have uninterrupted access to the Site at all times.
2. Use of Content
2.1 All copyright and all other intellectual property rights (including, but not limited to, copyright) in all text, images, sound, software, service marks, logos and other materials on the pages of the Site ("the Content") are owned by Family Lives, or are reproduced on the Site with permission of the relevant rights owner.
2.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Family Lives' express prior written consent, except as stated at 2.3 below.
2.3 You may read, view, print, download and (where appropriate) listen to the Content of an individual page for private and personal non-commercial use only PROVIDED THAT all copyright, trade mark and other proprietary notices contained in the original Content on any copy of such Content is retained, but you may not make more than one (1) copy electronically or otherwise of any of the Content and you may not re-copy or further distribute, sell, publish or transmit any part of the Content by electronic or any other means.
2.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media whatsoever to any third party without the express prior written consent of Family Lives.
2.5 The names, images and logos identifying Family Lives, its projects, products and services (including, but not limited to, the names “Parentline” and “FamilyLives”), or those of third parties, are the proprietary marks of Family Lives, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Family Lives reserves all rights to enforce such rights that it might have.
3. Prohibited Use
You agree not to use the Site and/or the Message boards to:
a post, upload, e-mail or otherwise transmit any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;
b in any manner which could damage, disable, overburden, or impair the Site;
c make available personal data about any person other than yourself, or to collect or store personal data about other users;
d obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
e impersonate any other person or entity (including, but not limited to, a staff member, or forum leader) or to provide false or inaccurate information;
f in any way which is threatening, harmful, abusive, vulgar, racist, sexist, ageist or otherwise discriminatory, defamatory, sexually orientated, hateful, invasive of another's privacy or obscene, or which will (or potentially will) harass, distress, embarrass or inconvenience or be objectionable by any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
g post, upload, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
h post, upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
i disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j create a database (electronic or otherwise) that includes Content;
k transmit or re-circulate any Content to any third party; or
l bring (or in any way that might bring) Family Lives into disrepute.
4. Message Boards
4.1 Your use of the Message boards on the Site is expressly subject to these Terms & Conditions (including in particular, but not limited to, clause 3 and this clause 4) and any other guidance, instructions or rules that we may make available on the Site related to the Message boards ("House Rules") .
4.2 You acknowledge that you are entirely responsible for all material that you upload or post on the Message boards.
4.3You further acknowledge that Family Lives does not pre-screen or monitor the content on the pages of the Message boards, but that we (and people designated or authorised by us) shall have the right (but not the obligation) in our sole discretion and without prior warning or notice to refuse or remove any material that is posted on or submitted, uploaded or otherwise transmitted to the Message boards, or close or suspend a user's access to the Message boards. Without limiting the foregoing, Family Lives and its designees shall have the right to remove any material from the Message boards that is contrary to these Terms & Conditions or is otherwise objectionable, whether by reference to these Terms & Conditions, the House Rules or otherwise. Please note, that Family Lives may on occasion edit words within a forum posting (for example, use asterisks to replace letters within swear words) but will never alter the tone or meaning.
4.4 If anyone is concerned about material posted on the Message boards or becomes aware that any material on the Message boards or any activities carried out on the Message boards, are offensive, unlawful, are contrary to these Terms & Conditions or the House rules or infringe any third party rights in any way, please send an appropriately worded message to us by e-mail using this address: firstname.lastname@example.org. We shall then act expeditiously to remove any such material or to disable access to the material, or use reasonable endeavours to otherwise deal with the concern however we see fit in our sole discretion (as the case may be).
4.5 You acknowledge and agree that we are not obliged to enter into any discussion following the removal of any material from the Message boards, or any other action we may take under or with reference to these Terms & Conditions.
5 Use of Messages and Materials
5.1 By submitting messages, suggestions or material to the Site (including, but not limited to, the Message boards) you are granting Family Lives a non-exclusive irrevocable royalty-free licence to reproduce, modify, translate, make available, distribute and sub-license the message, suggestion or material (as the case may be) in whole or in part and in any form (now known or later developed) anywhere in the world.
5.2 By submitting any messages, suggestions or material to the Site you agree that we may use those messages, suggestions or materials for any purpose and in any way that we choose.
5.3 By submitting any messages, suggestions or material to the Site you waive all of the moral rights that you may have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such message, suggestion or material.
5.4 You acknowledge that Family Lives may establish general practices and limits concerning the use of the Site, including (but not limited to) the maximum number of days that material on the Message boards, will be retained by the Site. You agree that we have no liability for the deletion or failure to store any messages, suggestions, material or other communications maintained on or transmitted to the Site.
5.5 If you do not wish to grant Family Lives the rights set out above, do not submit contributions to the Site or the Message boards (as the case may be).
6. Warranties and Liability
6.1 Your use of the Site is at your sole risk. The Content has been included in good faith and is only for your general information and is for non-commercial use. In particular, the Content does not constitute any form of advice, recommendation or arrangement by Family Lives and is not intended to be relied upon by users in making (or refraining from making) any specific decisions or to be a substitute for obtaining professional advice. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT OR TAKING ANY OTHER FORM OF ACTION OR INACTION BASED UPON THEM. FAMILY LIVES DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF POSTINGS SUBMITTED BY USERS ON THE MESSAGE BOARDS, OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. All conditions, warranties, terms and undertakings express or implied statutory or otherwise in respect of the provision of the Content and the Site are excluded to the fullest extent permitted by law.
6.2 The Content may contain inaccuracies or typographical errors. Family Lives makes no representations about the reliability, availability, timeliness and accuracy of the Content. Family Lives does not warrant that the Site will be free of viruses or other harmful components.
6.3 The Site contains links to other websites ("Third Party Sites"). Family Lives neither endorses nor takes responsibility for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you decide to use these links to access Third Party Sites you do so entirely at your own risk.
6.4 Save as expressly provided for in these Terms & Conditions, Family Lives shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Site, Message boards, Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. Family Lives does not exclude its liability for death and personal injury caused by its negligence.
6.5 You agree to indemnify and hold Family Lives and its officers, employees and agents harmless from any claim or demand made by any third party due to or arising from your use of the Site (including, but not limited, your use of the Message boards).
8. Changes to these Terms & Conditions, and amendments to the Content
8.1 Family Lives reserves the right, at its discretion, to make changes to any part of the Site.
8.2 Due to its policy of updating and improving the Site, Family Lives may wish to change these Terms & Conditions from time to time and you agree to be bound by the Terms & Conditions which apply at the time of your use of the Site.
9. Governing Law and Jurisdiction
These Terms & Conditions shall be governed by, and construed in accordance with, English law and you and Family Lives irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the same or the legal relationship established by them.
10 Contacting Family Lives
If you need to contact Family Lives about these Terms & Conditions you may do so by post using the address given above, or by e-mailing this address: email@example.com.
11.1 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 & Conditions, which shall remain in full force and effect.
11.2 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.