Terms and Conditions

NSPCC
Weston House
42 Curtain Road
London EC2A 3NH

Registered Charity Number 216401

Attention:

These Terms and Conditions apply to the entire contents of the Website under the domain name www.nspccwishes.org.uk (Website) and to any correspondence by e-mail between us and you. Access and use of the Website is provided by the National Society for the Prevention of Cruelty to Children (NSPCC) subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website.

  • 1. Introduction

    • 1.1 Your use of this Website constitutes acceptance of these Terms and Conditions, which take effect on the date of your first use of the Website.
    • 1.2 The NSPCC reserves the right to change the Terms and Conditions at any time by posting changes on-line. You should check the Website from time to time to review the then current legal Terms and Conditions, because they are binding on you. Your continued use of the Website after changes are posted constitutes acceptance of the changes as posted.
  • 2. Licence

    • 2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
      • (a) no documents or related graphics on the Website are modified in any way;
      • (b) no graphics on the Website are used separately from the corresponding text; and
      • (c) the NSPCC’s copyright and trade mark notices and this permission notice appear in all copies.
    • 2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the NSPCC or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 3 for any purpose is prohibited. If you breach any of the terms in these Terms and Conditions, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
    • 2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the NSPCC’s prior written permission.
    • 2.4 Any rights not expressly granted in these terms are reserved.
  • 3. Service Access

    • 3.1 While the NSPCC endeavours to ensure that the Website is normally available 24 hours a day, it shall not be liable if for any reason the Website is unavailable at any time or for any period.
    • 3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the NSPCC’s control.
  • 4. Visitor Material and Conduct

    • 4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The NSPCC shall have no obligations with respect to such material. The NSPCC and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
    • 4.2 You are prohibited from posting or transmitting to or from the Website any material:
      • (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      • (b) for which you have not obtained all necessary licences and/or approvals; or
      • (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      • (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    • 4.3 You may not misuse the Website (including, without limitation, by hacking).
    • 4.4 The NSPCC shall fully co-operate with any law enforcement authorities or court order requesting or directing the NSPCC to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
  • 5. External links to and from the Website:

    • 5.1 Links to third party websites on the Website (including without limitation the link to Amazon) are provided solely for your convenience. If you use these links, you leave the Website. The NSPCC has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability.
    • 5.2 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
    • 5.3 You should be aware that Content presented to you as part of the Website including but not limited to advertisements and sponsored Content within the Website may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to NSPCC (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by NSPCC or by the owners of that Content, in a separate agreement.
    • 5.4 NSPCC reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Website.
    • 5.5 You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk. The NSPCC does not endorse or make any representations about any third party websites, or any material found there, or the activities or views of that organisation or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
    • 5.6 Any organisation wishing to set up a link to the Website must complete a link request form and confirm their agreement to the Host Terms and Conditions attached to the form. To request a form, please email newmedia@nspcc.org.uk If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
      • (a) you do not remove, distort or otherwise alter the size or appearance of the NSPCC logo;
      • (b) you do not create a frame or any other browser or border environment around the Website;
      • (c) you do not in any way imply that the NSPCC is endorsing any products or services other than its own;
      • (d) you do not misrepresent your relationship with the NSPCC nor present any other false information about the NSPCC;
      • (e) you do not otherwise use any NSPCC trade marks displayed on the Website without express written permission from the NSPCC;
      • (f) you do not link from a website that is not owned by you; and
      • (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    • 5.7 The NSPCC expressly reserves the right to revoke the right granted in this clause 5 for breach of these terms and to take any action it deems appropriate.
    • 5.8 You agree that you are solely responsible for (and that NSPCC has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Website and for the consequences of your actions (including any loss or damage which NSPCC may suffer) by doing so.
    • 5.9 You shall fully indemnify the NSPCC for any loss or damage suffered by it for breach of this clause 5.
  • 6. Registration

  • Responsibility for the security of any passwords issued rests with you.
  • 7. Photography

  • The photographs of children used within this Website to illustrate the work of the NSPCC are posed by models and do not depict actual situations.
  • 8. Disclaimer

    • 8.1 The Website and the information, names images, photographs, logos and icons regarding or relating to the NSPCC, its products and services (or to third party products and services) are provided 'AS IS' and on an 'IS AVAILABLE' basis without any representation or endorsement made and without warranty of any kind whether expressed 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 The NSPCC does not warrant that the functions contained in the material included in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials.
  • 9. Liability

    • 9.1 The NSPCC, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the NSPCC’s group companies and the officers, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
    • 9.2 Nothing in these Terms and Conditions shall exclude or limit the NSPCC’s liability for:
      • (a) death or personal injury caused by negligence; or
      • (b) fraud; or
      • (c) misrepresentation as to a fundamental matter; or
      • (d) any liability which cannot be excluded or limited under applicable law.
    • 9.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
  • 10. Severability

  • If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent to and within the jurisdiction in which that term and/or condition is illegal, invalid and unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and continue to be binding and enforceable.
  • 11. Governing Law and Jurisdiction

  • These Terms and Conditions shall be governed and construed in accordance with the laws of England and Wales. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.
  • If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.
  • Any questions regarding this Website should be sent to the New Media Department, NSPCC, Weston House, 42 Curtain Road, EC2A 3NH, or email newmedia@nspcc.org.uk.

Last updated October 2007

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