Purpose of the Community
- The purpose of the Community is to provide a safe and supportive place where people living with a terminal illness and anyone close to them can share their experiences and get support.
- The Community is not an official communication medium of Marie Curie.
- The Community is not a suitable place to obtain medical advice and should not be used as a substitute for personalised or specific advice from a qualified medical practitioner or other relevant professional. We strongly recommend that you or the patient consult his own doctor, nurse or other relevant professional about their personal circumstances.
Acceptance of terms
- Only registered users can use the Community.
- In registering to use the Community you agree to be bound by these Community Terms and Conditions and the Terms and Conditions of our website.
- The Community is solely for users aged 18 and over. If you are under 18 you can find support on the Teenage Cancer Trust website or on Youngcarers.net. We reserve the right to close your account without warning if we believe that you are under the age of 18.
- The Community can be viewed by the general public. We strongly recommend that you do not post personal or sensitive personal information on the Community.
- You are responsible for keeping the username and password you use to access the Community secret and secure and for any activity under your username and password. We strongly recommend that you use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) and that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from any unauthorised use of your username and password. If you believe that someone else may be using your username and password you must contact us immediately to change it.
Content responsibility and rights
- Any information, text, graphics, photographs, images, videos, data, links or other materials which are posted by whatever means (“Content”) on the Community (whether publicly posted or transmitted using the private messaging system) are the sole responsibility of the user who originated such Content. Therefore, we are not responsible for any Content on the Community and do not warrant the accuracy, completeness, integrity, timeliness, usefulness, reliability or quality of any Content on the Community.
- Participation in, and use of, the Community and reliance on any Content on the Community is at your own risk.
- All views, opinions and other Content on the Community are the views, opinions and other Content of users of the Community and not the views, opinions and other Content of Marie Curie. We do not take any responsibility for or endorse any such views, opinions and other Content.
- You retain all your rights to any Content you post on the Community. By posting Content on the Community, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide, licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (whether existing now or developed in the future) including our own website, social media channels and publications. You agree that such licence also includes the right for us to make such Content available to third parties. You also grant us the right to grant licences to users of the Community to view and copy such Content for personal use.
- By posting Content on the Community, you confirm that you have rights to upload, download or otherwise distribute such Content and have obtained the express consent of any person to whom such Content relates to use and distribute such Content.
- We reserve the right to access, read, preserve and disclose your account information and any of your Content on the Community to (a) comply with any applicable law, regulation or legal process, (b) enforce these Community Terms and Conditions, (c) respond to users’ queries, (d) detect, prevent or otherwise address fraud, security or technical issues and (e) protect the rights, property, safety of Marie Curie, other users and the public.
- The Community is moderated under the supervision of our Community Manager and the Community Moderation Team to help keep the Community a safe and friendly place to share experiences.
- We do not pre-screen Content. We only moderate some Content after it is posted on the Community. Due to limited resources, our moderation is not comprehensive; users are expected to ensure that they comply with these Community Terms and Conditions (including our Community Guidelines).
- We have the right, but no obligation, at our sole discretion, at any time and without prior notice, to edit, move, block, suspend or remove any Content (including links to external websites) you post that breaches these Community Terms and Conditions (including our Community Guidelines), or that we believe is unsuitable for the Community or factually incorrect or for any other reason, without any liability to you. This right does not mean that we assume any responsibility for Content on the Community or that we endorse any Content that is not edited or removed.
- We have the right, but no obligation, at our sole discretion, at any time and without prior notice, to warn or ban (temporarily or permanently) you, modify or delete any or all information about you, including close your account, for any reason, without any liability to you.
- We are not obliged to enter into any discussion regarding the moderation of Content or the closure of an account but we will always endeavour to contact the user concerned to explain why.
- You are not permitted to discuss moderation actions on the Community and no moderation discussion will be entered with any user who was not the recipient of that action.
- If you discover any Content that you believe breaches these Community Terms and Conditions (including any of our Community Guidelines) or is otherwise unacceptable please contact us immediately by clicking on the “report this post” button or by emailing us at email@example.com.
- If you wish to discuss any moderation decision, have any comments or complaints about the Community or any of its users please contact us by clicking on the “report this post” button or by emailing us at firstname.lastname@example.org.
- In case of any dispute, the decision of the Community Manager is final.
Restrictions on use and Content standards
- You may use the Community to post Content and links to Content that are proper and appropriate, relevant to the discussion and kind to, and respectful of, other users.
- You agree to follow our Community Guidelines and not to use the Community to post any Content (including in your choice of username) on the Community (including its private messaging system (which is not moderated by us but must still comply with these Community Terms and Conditions)) or any links to Content that breach our Community Guidelines.
- You may choose to close your account at any time by emailing email@example.com. We will endeavour to action your request as soon as practicable.
- We reserve the right to modify or withdraw the provision of the Community, at our sole discretion, at any time and without prior notice, for any reason, without any liability to you.
Privacy and data protection
- We do not share any personal information about you, except where you have given us permission to do so.
- Cookies are used to assist the functionality of our website only. Personal data is not collected via cookies.
- From time to time we may contact you for administration purposes.
Indemnity and liability
- You agree to indemnify and hold us (including our officers, employees and agents) harmless in full from and against all third party claims, liabilities, losses, costs and expenses we incur or suffer as a result of any Content you post on the Community and/or any breach of these Community Terms and Conditions.
To the fullest extent permitted by law, we (including, without limitation, any person involved in any part of the design, development, operation, marketing, promotion, administration, moderation or other aspect of the Community) expressly exclude any liability for any direct, indirect or consequential loss or damage (including, without limitation loss of income or revenue, loss of business, loss of profit or contract, loss of data, loss of goodwill or damage to reputation, loss of anticipated savings or wasted management or office time), however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, incurred by you in connection with any use or performance of the Community or related material, including:
other than any liability for death or personal injury caused by our negligence or any other liability which cannot be excluded or limited by law.
- your use or inability to use the Community;
- any unauthorised use of your account or alterations of information or Content provided by you;
- your use of any third party websites (including those linked from the Community);
- any arrangements entered into with any third party in connection with any Content on the Community; or
- the inaccuracy, incompleteness or tardiness of any Content on the Community,
Variation and severability
- These Community Terms and Conditions are subject to change at any time. We will aim to make you aware of any significant changes. You should check these Community Terms and Conditions periodically to ensure that you are aware of and complying with the current version. Use of the Community following changes indicates your acceptance of the new Community Terms and Conditions.
- If any of these Community Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
Governing Law and Jurisdiction
- These Community Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
Last updated: November 2014