Terms of Service
Welcome to Down Syndrome Education USA
Down Syndrome Education USA works to improve education for children with Down syndrome worldwide. A key part of we we do is to deliver quality information, guidance, advice and resources to families and professionals around the world via our online services.
These Terms of Service govern your use of Down Syndrome Education USA's websites, services and applications (including mobile applications) and provide information about our services. In this document we refer to our websites, services and applications as our "Services". When you register an account or use our Services, you agree to these terms. Examples of when you are using our Services include: when you browse any of our web sites, when you purchase from us via our online store, and when you use one of our apps.
By using our Services, you are agreeing to these terms. Please read them carefully.
Who can use our Services
To use our Services, you must be at least 13 years old and you must not be prohibited from receiving any aspect of our Services under applicable laws.
Using our Services
You may use our 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 Services.
You may not use our 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 Services.
You must follow any policies made available to you within the Services.
Privacy and data security
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on our Services and all content (including all applications) located on or in our Services shall remain vested in Down Syndrome Education USA 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 Services 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 Open Access content below).
Any other use of our content requires the prior written permission of the Down Syndrome Education USA.
Requests to republish or redistribute our content should be addressed to firstname.lastname@example.org
Open Access content
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 (Intellectual Property) apply.
Trademarks and trade dress
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 USA, DSE USA, DSE Enterprises, See and Learn, Up for Reading logos and other marks shown on our Services are trademarks or registered trademarks of Down Syndrome Education USA and/or its subsidiary and/or its affiliates in the European Union and/or other jurisdictions.
Down Syndrome Education USA's graphics, logos, page headers, icons, scripts and service names are the trademarks or trade dress of Down Syndrome Education USA. Down Syndrome Education USA'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 Down Syndrome Education USA.
The names, images and logos identifying Down Syndrome Education USA (individually or collectively) or third parties and their products and services are subject to copyright, design rights and trade marks of Down Syndrome Education USA 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 Down Syndrome Education USA or any other third party.
Registration, user identification and passwords
Access to certain 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 our Services using your user name and password.
You agree to immediately notify us 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. We do 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 some or all of our Services if you do this without further obligation to you.
We reserve the right to refuse access to our 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.
Your content in our Services
Some of our Services allow you to upload, submit, store, send or receive content (including text, photographs, graphics, video or audio). You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Down Syndrome Education USA (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this license are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure that you have the necessary rights to grant us this license for any content that you submit to our Services.
When you upload, submit, store, send or receive content to or through our Services, 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.
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 content using our Services.
Donations, sales, license fees, payments and transactions
You may use our online services to donate or pledge gifts to Down Syndrome Education USA.
You may use our online services to purchase products or services from Down Syndrome Education USA and/or subsidiary and/or affiliated 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.
You may use our 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 us. Where this is the case, it will be stated clearly.
Access to certain Services may be subject to a fee.
All payments (including applicable taxes) must be made in advance.
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 our 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 our 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 our discretion.
Software in our Services
When a Service requires or includes downloadable software, this software may be updated automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Down Syndrome Education USA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Down Syndrome Education USA as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Down Syndrome Education USA in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open-source software is important to us. Some software used in our Services may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these terms.
Modifying and terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
Our warranties and disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DOWN SYNDROME EDUCATION USA NOR ITS SUPPLIERS OR DISTRIBUTORS MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DOWN SYNDROME EDUCATION USA AND DOWN SYNDROME EDUCATION USA'S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DOWN SYNDROME EDUCATION USA AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN).
IN ALL CASES, DOWN SYNDROME EDUCATION USA AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Down Syndrome Education USA and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will become effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between Down Syndrome Education USA and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, USA, excluding California's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and Down Syndrome Education USA consent to personal jurisdiction in those courts.
This policy was last updated on June 4, 2018 (version 20180604A).