Hope House Siblings Website

Terms and Conditions of Use

Introduction

Welcome to Hope House Siblings Website, where Siblings of Hope House users and their families can stay in touch, express their feelings, communicate, have fun, and offer support to one another.

Hope House Siblings Website is a development under the ‘Building Bridges' Initiative and is a part of the activities of Hope House Children's Hospices.

Hope House Children's Hospice (henceforth Hope House in this document) is a registered charity (charity No. 1003859). By using the Hope House Siblings Website (henceforth ‘the website') you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.'

This document uses the term ‘members' to mean persons lawfully permitted to use this website and set up a personal profile within its realm.

Summary 

• Abuse or harassment of other users
• Distributing harmful or obscene material that could offend others
• Use others data other than making a contact
• Submitting illegal material
• Misleading other users
• Transmitting viruses
• Attempting to gain unauthorised access to the site
• Changing the structure of the site
• Interfering with another person's use and enjoyment of the site
• Collection of e-mails or addresses including user names by electronic means

You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your submissions to the Hope House Siblings Website. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
• Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
• Use the personal data of other members for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members
• Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
• Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Hope House.
• Create a false or misleading identity or send a message with a false identity of any other person who has or has not been authorised to use the Hope House Siblings Website, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Use the Hope House Siblings Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website or in any manner that would intentionally upset any other user of Hope House Siblings Website.
• Attempt to gain unauthorized access to the Hope House Siblings Website, other accounts, computer systems or networks connected to Hope House Children's Hospices, through hacking, password mining or any other means.
• Modify, adapt, translate, or reverse engineer any portion of the Hope House Siblings Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Website.
• Reformat, copy, or frame any portion of the web pages that are part of the Hope House Siblings Website.
• Disseminate within Hope House Siblings Website content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Disseminate or copy in any way any content or part of Hope House Siblings Website including, text, content, images or any other part of the website to any outside agency, website, person or organisation by any means including by email, fax, hard copy, or any electronic means without express permission in writing of an authorised Hope House Staff member. 
• Remove any copyright, trademark or other proprietary rights notices contained in or on the part of Hope House Siblings Website.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation to any part of Hope House Siblings Website.
• Interfere with another Member's use and enjoyment of the Hope House Siblings Website.
• Harvest or collect email addresses or other contact information of Members, including usernames, from the Website, by electronic or other means.

Changes the Terms of Service part of the Website.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

Eligibility and Registration

You must have had contact with Hope House or Ty Gobaith either because your brother or sister has a life limiting condition and visits Hope House or Ty Gobaith, or because you have received help or support from Hope house after a bereavement and you have been invited to use the website by an authorised Hope House Staff member. By using the Hope House Siblings Website, you represent and warrant that you are authorised to do so and that you have the capacity to understand, agree to and comply with these Terms of Service. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username or password that impersonates someone else or that we deem as inappropriate for any reason (such as if cause it is protected by trademark, or is in any way offensive for any reason), as determined by us in our sole discretion.

Member Conduct and Appropriate Content

The Hope House Siblings Website is made available for your personal, non-commercial use only. You may not use the Hope House Siblings Website for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United Kingdom or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Satellite Service.

We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Hope House Children's Hospices have any obligation to check the accuracy or truthfulness of the any Materials.

Proprietary Rights

Hope House does not claim any ownership rights in any Materials that you submit, post, or display on or through the Hope House Siblings Website. After submitting, posting or displaying Materials on or through the Hope House Siblings Website, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Hope House Siblings Website, you hereby grant to Hope House Children's Hospices a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Hope House Siblings Website.

Without this license, Hope House would be unable to provide the Hope House Siblings Website as a service. For example, without the right to modify your Materials, Hope House Siblings Website would not be able to digitally compress audio or video files that you or other Members submit, or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Hope House could not allow other users and Members to listen to music posted by Members. The license you grant to Hope House Children's Hospices is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Hope House), fully-paid and royalty-free (meaning that Hope House is not required to pay you for the use on the Hope House Siblings Website of the Materials that you post), ‘sub-licensable' (so that Hope House Children's Hospices is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Hope House Siblings Website), and ‘worldwide' because the Internet and the Hope House Siblings Website are global in reach. This license will terminate at the time you remove your Materials from the Website, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos); provided, however if you remove any of the Materials from the Hope House Siblings Website, Hope House Children's Hospices reserves the right to remove all of your Materials from other Member's pages. The license does not grant Hope House Children's Hospices the right to sell your Materials, nor does the license grant Hope House Children's Hospices the right to distribute your Materials outside of the Website. You represent and warrant that: (i) you own the Materials posted by you on or through the Hope House Siblings Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Hope House Siblings Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Hope House Siblings Website.

Hope House Children's Hospices and its affiliates and licensors own and retain all rights in the Hope House Siblings Website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Hope House Siblings Website by Hope House Children's Hospices. Except as expressly authorized by Hope House Children's Hospices, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Hope House Children's Hospices' proprietary information.

Copyright Policy

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Hope House Children's Hospices respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site (including a URL and/or screen shot); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Internet Access

Hope House Children's Hospices shall not be responsible for any connection or access to the Hope House Siblings Website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Hope House Siblings Website, and the Internet access charges thereon.

Termination of the Hope House Siblings Website

These Terms of Service will apply to your use of the Hope House Siblings Website. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Hope House Siblings Website. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

Hope House Children's Hospices may also, in its sole discretion and at any time, discontinue, temporarily or permanently, providing the Hope House Siblings Website, or any part thereof, with or without notice. You agree that any termination of access to the Hope House Siblings Website under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Hope House Children's Hospices may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Hope House Siblings Website. Where possible, Hope House will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Website. Further you agree that Hope House Children's Hospices shall not be liable to you or any third party for any termination or suspension of access to or any modification to the Hope House Siblings Website.

Disclaimer of Warranties

Hope House and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Hope House Siblings Website.

Hope House Children's Hospices further expressly disclaims (1) that the website will meet your requirements and will be uninterrupted, error-free, timely, or secure although Hope House will do all they can to ensure complete security within the bounds of an internet service, (2) that defects or errors will be corrected, (3) that the website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the website or the content made available as part of the website will be correct, accurate, timely, or otherwise reliable.

Hope House expressly disclaims any and all responsibility and liability for the conduct of any Member of the Hope House Siblings Website, and expressly disclaims that the content and Materials of the website input by users is correct or accurate.

THE WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. HOPE HOUSE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at Hope House Children's Hospices request defend, Hope House Children's Hospices and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Hope House Siblings Website, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and lawyer fees, of every kind and nature.

Limitation of Liability

YOUR USE OF THE HOPE HOUSE SIBLINGS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL HOPE HOUSE, AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SATELLITE SERVICE, WHETHER OR NOT HOPE HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PART OF THE WEBSITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Hope House Siblings Website.

Without limiting the foregoing, under no circumstances shall Hope House be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

These Terms of Service constitute the entire agreement between you and Hope House Children's Hospices with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.

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