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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@dseusa.org

  1. Access to and use of our online services
    1. Access to and use of our online services is provided on the following terms.
    2. 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.
    3. 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 DSE:
      1. 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 6 Underley Business Centre, Kirkby Lonsdale, Cumbria, UK.
      2. Down Syndrome Education Enterprises CIC is a Community Interest Company, limited by shares and registered in England and Wales, company number 2413145. Down Syndrome Education Enterprises CIC is a wholly-owned, primary-purpose subsidiary of Down Syndrome Education International. Down Syndrome Education Enterprises CIC's registered office is at 6 Underley Business Centre, Kirkby Lonsdale, Cumbria, UK.
      3. 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 110, Newport Beach, California 92660, USA.
    4. Our online services include web sites, email discussion groups, voice and video communications, video broadcasts and other services delivered utilizing the Internet.
    5. 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.
  2. Use of the online services
    1. 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.
    2. You must not use online services for any of the following:
      1. for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
      2. 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'
      3. to cause annoyance, inconvenience or needless anxiety
    3. Prohibited behavior 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.
  3. Intellectual property
    1. 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).
    2. 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.
    3. You also agree not to adapt, alter or create a derivative work from any of our content.
    4. 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 5 - Open Access licensing).
    5. Any other use of our content requires the prior written permission of the appropriate, copyright-owning DSE organization.
    6. Requests to republish or redistribute our content should be addressed to info@dseusa.org
  4. Trademarks and trade dress
    1. DSE, See and Learn, Up for Reading, Down Syndrome Issues and Information, Down Syndrome Research and Practice, Down Syndrome in Practice, and the DSE book, DSE, 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.
    2. DSE's graphics, logos, page headers, icons, scripts and service names are the trademarks or trade dress of DSE. DSE's trademarks and trade dress may not be used in connection with any product or service that is not DSE's, in any manner that is likely to cause confusion among donors or customers, or in any manner that disparages or discredits DSE.
    3. 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 license or right to use any trade mark, design right or copyright of any DSE organization or any other third party.
  5. Open Access licensing
    1. 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.
    2. 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.
  6. Registration, user identification and passwords
    1. Access to certain DSE online services may require registration.
    2. 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.
    3. You are solely responsible for the confidentiality and use of and access to DSE online services using your user name and password.
    4. You agree to immediately notify DSE if you become aware of any loss or theft of any password or user name or any unauthorized use of a password or user name.
    5. 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. DSE 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.
    6. 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.
  7. Privacy
    1. 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.
  8. Donations, sales, license fees, payments and transactions
    1. You may use our online services to donate or pledge gifts to DSE organizations.
    2. You may use our online services to purchase products or services from DSE organizations. 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:
      1. Down Syndrome Education Enterprises CIC Terms and Conditions Relating to the Sale of Goods and Services
    3. 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 organization. Where this is the case, it will be stated clearly.
    4. Access to certain DSE online services may be subject to a fee.
    5. All payments (including applicable taxes) must be made in advance.
    6. You are responsible for the payment of all charges associated with the use of DSE 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.
    7. 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 DSE.
  9. Contributions to our online services
    1. By sharing any contribution (including any text, photographs, graphics, video or audio) with us you agree to grant DSE, 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.
    2. 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.
    3. In order that Down Syndrome Education International, Down Syndrome Education Enterprises CIC 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.
    4. 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.
    5. Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with us.
    6. If you do not want to grant us the permission set out above on these terms, please do not submit or share your contribution.
  10. Disclaimers and Limitation of Liability
    1. 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.
    2. 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 organizations. 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.
    3. Any links to third party websites from DSE's online services do not amount to any endorsement of that site by DSE organizations and any use of that site by you is at your own risk.
    4. 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.
    5. 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.
    6. Nothing in these terms limits or excludes the liability of DSE organizations 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.
    7. In no event will any liability of DSE organizations, 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 organizations exceed the amount, if any, paid by you to a DSE organization in respect of the particular service to which the claim relates.
    8. Upon our request, you agree to defend, indemnify and hold harmless DSE organizations 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.
  11. Force Majeure
    1. DSE, 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, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
  12. Assignment
    1. 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.
  13. Non-waiver
    1. The failure or delay of DSE organizations to exercise or enforce any right in these terms does not waive their right to enforce that right.
  14. Severability/Survival
    1. 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.
  15. Statute of Limitations
    1. 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.
  16. Governing Law and Jurisdiction
    1. 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.
    2. For the exclusive benefit of DSE, 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@dseusa.org or write to:

Online Services Enquiries
Down Syndrome Education International
6 Underley Business Centre
Kirkby Lonsdale
Cumbria
UK
or Online Services Enquiries
Down Syndrome Education USA
1451 Quail Street, Suite 110
Newport Beach, California 92660
USA

These terms and conditions were last updated on January 17, 2013. The latest version can be found at http://www.dseinternational.org/terms-of-use/