Share Your Every Day 2016 Terms and Conditions
1. By using the website at www.arthritisresearchuk.org/share-your-everyday or www.arthritisresearchuk.org/shareyoureveryday (the “Sharing Space”), Users accept these Terms and Conditions (“Terms and Conditions”).
2. The Sharing Space is operated by Arthritis Research UK company number 490500 and charity number 20711, whose registered office is at Copeman House, St Mary's Gate, Chesterfield, Derbyshire S41 7TD (the “Charity”).
3. The person submitting the details is a User.
4. A User may submit an entry (“Story”) for themselves on the Sharing space, or submitted to the Sharing Space by another method agreed by the Charity.
Data capture and ownership
5. Details from all Stories and Users will be collected and used for the purposes of the Sharing Space, for publicity purposes surrounding the Sharing Space and for such other reasonable uses as determined by the Charity. By sharing their Story the User consents to the use of their information as described.
7. The User agrees to the free use of their first names for reasonable publicity and news purposes relating to the Sharing Space in any and all media by the Charity.
8. Where a user has “opted in” to marketing communications the User consents to the use of their personal data for direct marketing purposes by the Charity. Please note that we do not sell or swap personal data.
9. All Stories become the property of the Charity on their submission and will not be returned to the User. By submitting a Story, Users consent to the Charity making copies of or publishing the whole or any part of their Story on the Charity’s website, the Charity’s Facebook page, an email to Users, and otherwise exploiting the Story and any rights in relation to the Story, for the purpose of reasonable publicity for Sharing Space or for any other reasonable purposes.
10. The User waives and agrees not assert any moral rights against the Charity. The Charity shall be entitled to share, promote, market and otherwise exploit any Story in any manner in all media.
11. All Stories will be reviewed by the Charity prior to publication on the Sharing Space. Stories will be accepted at the absolute discretion of the Charity.
Warranty and indemnity
12. By submitting a Story, the User warrants that their Story:
a. does not breach the intellectual property rights of any third party;
b. does not include (or link to) any content that contravenes any law, infringes the rights of any person or is obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate. Without limitation, Users must not include (or include a link to) any content that involves malice, swearing or which may be defamatory or in contempt of court;
c. has all appropriate permissions and consents to use any image submitted with a Story. For the avoidance of doubt this means that the permission of the person who took the photograph is required.
13. If you submit a Story, you warrant that you have submitted your own details and that all of those details are truthful and accurate.
14. The User indemnifies and will keep the Charity indemnified against any loss, costs (including legal costs), expenses or liability suffered as a result of a breach by the User of the Terms and Conditions.
Monitoring and removal of Stories or comments
15. The Charity may reject or remove any Story or comment which we believe (i) has been copied from elsewhere; (ii) infringes a third party’s rights; (iii) is defamatory, indecent, offensive, unlawful, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, promotes political positions or actions, encourages conduct that would be considered a criminal offence, give rise to civil liability, endangers public safety, violates any law or is otherwise inappropriate, or contains advertisements or solicitations of business, including but not limited to, logos and marketing slogans; (iv) includes false or misleading information; or (v) which otherwise breach these Terms and Conditions.
16. Social Media Pages means Facebook, Twitter, Flickr, Linkedin or other website.
17. The Charity will not monitor any Stories which are shared on a User’s Social Media Pages (including the Social Media Pages of the organisation represented by a User) or any comments posted thereon. It is the User’s sole responsibility to monitor any content on their Social Media Pages related to the Story.
18. The Charity will monitor Stories posted on its own Social Media Pages and any comments posted thereon. The Charity will use its reasonable endeavours to monitor any comments on its Social Media Pages related to the Stories and will remove any comments or Stories at its sole discretion.
19. The Charity reserves the right to reject any Story. The Charity’s decisions are final and no correspondence will be entered into.
20. The Charity accepts no liability for any non-compliance with these Terms and Conditions or for Stories or comments which are removed by the Charity.
21. These Terms and Conditions are governed by English Law and shall be subject to the exclusive jurisdiction of the English courts.
22. The Charity may vary these Terms and Conditions at any time. Any amendments or cancellations to these Terms and Conditions will be posted by means of a reasonably prominent link on the Sharing space and your continued participation in the competition will constitute acceptance of the revised Terms and Conditions. If you do not accept the revised Terms and Conditions it is your responsibility to notify the Charity immediately.
23. The Charity may, in circumstances beyond their control, terminate, modify or suspend the Sharing Space.
24. Any costs associated with making a Story and accessing the website are the responsibility of the User.
25. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
26. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Limitation of liability
27. Except for any liability that cannot by law be excluded, the Charity (including its respective officers, employees and agents) excludes all liability (including negligence), for any loss or damage (or including loss of opportunity), direct or indirect or consequential, arising in any way out of the Sharing Space, a Story or the Users use of the Sharing Space or submission of a Story.
28. Nothing in these Terms and Conditions shall limit Charity’s liability for death or personal injury caused by their employees’ or agent’s negligence or for fraud.