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TERMS AND CONDITIONS OF USE
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Palliative care care home network web site
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| 1 |
DEFINITIONS |
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These definitions shall apply to the following terms and conditions in their entirety.
- The term "You" or "Your" within these terms and conditions shall be accepted to refer to you, the user of the Palliative care care home network web site.
- The term "We" or "Us" or "PCCHN" refers to the Palliative care care home network web site, and includes its Registered Users.
- The term "Registered User" or "Registered Users" refers to an individual or group who has created a Palliative care care home network web site account by enrolling their current email address.
- The term "Post" or "Posts" or "Posted" refers to but is not confined to text, images, files, documents or links submitted by Registered Users for exhibition on the forum and/or resource exchange.
- The term "Moderator" or "Moderators" refers to an individual or group who watch the forum for inappropriate thread content.
- The term "forum" is also to incorporate and include the resource exchange.
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| 2 |
ACCEPTANCE OF TERMS |
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Your access to and use of PCCHN is subject exclusively to these Terms and Conditions. You will not use PCCHN for any purpose that is unlawful or prohibited by these Terms and Conditions. By using PCCHN You are fully accepting the terms, conditions and disclaimers contained in this notice. If You do not accept these Terms and Conditions You must immediately stop using PCCHN.
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| 3 |
ADVICE |
| 3.1 |
The contents of PCCHN do not constitute advice and should not be relied upon in making or refraining from making, any decision.
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| 3.2 |
Material which is Posted in any forum is written by a Registered User and We are not responsible for and give no endorsement of such material. Registered Users shall remain solely responsible for the content of the messages submitted under their registered account. Information obtained in a forum may not be accurate or reliable. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated within any forum.
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| 3.3 |
We do not check Posts prior to them being placed on PCCHN.
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| 3.4 |
We monitor the contributions and may respond to or comment upon communications by You and edit or remove any content from the forum at our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.
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| 4 |
ACCEPTABLE BEHAVIOUR |
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This section governs use of the forum, and applies to all users either directly or indirectly, registered or otherwise. |
| 4.1 |
You agree that You will not: |
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1. Post, transmit, upload, email or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships, such as for example, inside information, confidential or proprietary information gained or disclosed as a part of employment relationships, or under agreements of nondisclosure. |
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2. Post, transmit, upload, email or otherwise make available any content that in doing so infringes upon a trademark, patent, copyright, trade secret or other proprietary rights of any party. |
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3. Post, transmit, upload, email or otherwise make available any material that contains software viruses, computer code, programs or files that are designed to interrupt, limit the functionality of or destroy any computer hardware or software. |
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4. Post, transmit, upload, email or otherwise make available any content that is illegal, abusive, harassing, defamatory, confidential, harmful, threatening, vulgar, libellous, invasive of another’s privacy, or ethnically, racially or otherwise objectionable. |
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5. Post, transmit, upload, email or otherwise make available any material that advocates illegal activity or discusses illegal activities with the intent to commit them. |
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6. Post, transmit, upload, email or otherwise make available any material that contains bad language, or includes content or links to content of an adult nature. |
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7. Post, transmit, upload, email or otherwise make available any material that contains advertising or promotion, except where it is for an event, publication or similar item that has direct relevance to the subject of discussion. |
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8. Impersonate any person or entity. This includes but is not limited to, any PCCHN Moderator or administrator, or falsely state or otherwise misrepresent Your affiliation with another person or entity. |
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9. Manipulate or forge headers or identifiers with the intention of disguising the origin of any content that You provide to the PCCHN web site. |
| 4.2 |
You agree that: |
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1. Your Post is wholly Your own and You take full legal responsibility for what is submitted under Your registered account. You indemnify the web site owners, hosts, advertisers, administrator and/or Moderators against all legal fees, damages and other expenses that may be incurred by the above. |
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2. We may, for content management purposes, move a forum thread to a more appropriate forum topic if We feel that it is situated in the incorrect forum topic. |
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3. Only one warning will be issued to user(s) about their behaviour. If this warning is ignored then the user(s) in question will be suspended for 48 hours, there will be no second warning. Reoccurring offending user(s) will be subject to a permanent ban. |
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4. All IP (Internet Protocol) addresses are recorded when items are Posted, and when requested We have the right to provide information to Your Internet Service Provider. |
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5. If You are banned from use of PCCHN, You will not in any way attempt to re-register using any other name or identity not known to Us, or any other email address not known to Us. |
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| 5 |
CHANGES TO WEB SITE |
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PCCHN reserves the right to: |
| 5.1 |
change or remove (temporarily or permanently) PCCHN or any part of it without notice and You confirm that PCCHN shall not be liable to You for any such change or removal; and |
| 5.2 |
change these Terms and Conditions at any time, without any notice to You, and Your continued use of PCCHN following any changes shall be deemed to be Your acceptance of such change. |
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| 6 |
LINKS TO THIRD PARTY WEB SITES |
| 6.1 |
You accept that We cannot be held responsible for any third party web sites that You may access through PCCHN, and further agree that any third party content is not our responsibility. We do not endorse any third party web sites, and therefore cannot be held liable or responsible for any promotion, content, service or product that is located on a third party web site. We further cannot be held liable or responsible for any loss or damage, offence that may be caused, or that You allege has been caused by third party content or web sites. |
| 6.2 |
All and any contact that You have with third party traders or web sites that You may come into contact with during Your use of PCCHN, including but not limited to payments for products or services, any conditions made, warranties offered, or contracts entered into, are Your responsibility and not the responsibility of PCCHN. |
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COPYRIGHT |
| 7.1 |
In accessing PCCHN You agree that You will access the content solely for Your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of PCCHN for personal, non-commercial home use only. |
| 7.2 |
By uploading materials to any forum or submitting any materials to Us, You automatically grant (or warrant that the owner of such materials expressly granted) Us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, You warrant that all so-called “moral rights” in those materials have been waived. |
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| 8 |
DISCLAIMERS AND LIMITATION OF LIABILITY |
| 8.1 |
PCCHN is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. |
| 8.2 |
To the extent permitted by law, PCCHN will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of life, business, opportunity, data, profits) arising out of or in connection with the use of PCCHN. |
| 8.3 |
PCCHN makes no warranty that the functionality of PCCHN will be uninterrupted or error free, that defects will be corrected or that PCCHN or the server that makes it available are free of viruses or anything else which may be harmful or destructive. |
| 8.4 |
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of PCCHN for death or personal injury as a result of the negligence of PCCHN or that of its employees or agents. |
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| 9 |
INDEMNITY |
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You agree to indemnify and hold PCCHN and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against PCCHN arising out of any breach by You of these Terms and Conditions or other liabilities arising out of Your use of this web site. |
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| 10 |
SEVERANCE |
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If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. |
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| 11 |
GOVERNING LAW |
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These Terms and Conditions shall be governed by and construed in accordance with the law of England and You hereby submit to the exclusive jurisdiction of the English courts. |
Last updated: 20/01/2007
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