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Lydia Osteoporosis Website QMU ©Terms and Conditions of Use

Thank you for considering the use of our website.  We hope that you will complete your registration but before doing so, you should read the contents of this document, which sets out the legal position for the relationship you have with us.

Below you will find our Terms and Conditions of Use.  This document forms the contractual arrangement between us that comes into force when you complete your registration.

TERMS AND CONDITIONS OF USE

The information below tells you how you may use the www.lydiaosteoporosis.com website© @ QMU (This website is linked to the work of the Lydia Osteoporosis Project at QMU. For more information contact Dr Margaret Smith (Principal Investigator) msmith1@qmu.ac.uk. ) for your own personal, non-commercial use. Please read these terms and conditions carefully before using the website.

Please note that the Lydia Osteoporosis website team @ QMU updates these Terms from time to time so please review them regularly. These terms were last updated on 18th November 2015.

1. ABOUT THESE TERMS AND CONDITIONS

What do these Terms cover?

These Terms set out important information regarding your rights and obligations, and the restrictions that may apply, when you:

  • use any of our services: for these purposes, our services include (but are not limited to) the provision of online content, online social media and/or interactive applications, audio visual content, text, photographs, advertising, App and any similar service that we currently provide or make available in the future;
  • access our platform or devices (the “Platforms”): our Platforms include (but are not limited to) the internet (including but not limited to the website www.lydiaosteoporosis.com and all its sub-domains (the “Website”)); other media platforms and software applications (which, for example, may enable you to view and use our content and/or services over a mobile or Wi-Fi network); other portable or non-portable communication or other electronic device; and any similar platforms that we currently provide or make available in the future, (together referred to as “Services”).

Our references below to the Services should be taken as including the Subscription Services unless we state to the contrary.  However, the Services do not include services provided by third parties with whom you contract independently via the Services.

Who uses and who provides the Services?

References to “you” or “your” mean you as a user of the Services. References to “we”, “us”, “our” or the www.lydiaosteoporosis.com website are to the provider of the Service, which is Queen Margaret University, Edinburgh, a company incorporated under the Companies Acts and limited by guarantee (Registered No. SC7335, Scottish Charity number SC002750 and having its Registered Office at Queen Margaret University Drive, Musselburgh, East Lothian, EH21 6UU (”QMU”).  If you have any questions, queries or complaints about these Terms or the Services, please contact the Research Grants & Contracts Unit at Queen Margaret University by email  RGCU@qmu.ac.uk or the postal address of the registered office.

Why should you read these Terms?

Please read these Terms (and any applicable third party terms of use and privacy policies) carefully before using the Services. By accessing and continuing to use the Services, you agree to be legally bound by the version of these Terms in force at that time. If you do not agree with any of our Terms then you should not use our Services.

Will these Terms change?

Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Website. We will endeavour to notify you when we post the new terms. The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.

Will any other Terms and Conditions apply to use of the Services?

Data Protection Terms: Please read our Privacy Policy and our Cookie Policy, which are posted on our Website.  They contain important information about how the www.lydiaosteoporosis.com website uses any personal information about you that it receives through your use of the Services. If there is any inconsistency between these Terms and the terms of our Privacy Policy and Cookie Policy, the Privacy Policy and Cookie Policy will prevail to the extent of such inconsistency.

2. RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF SERVICES

Who is responsible for the availability and content of the Services?

The Services are made available to you by www.lydiaosteoporosis.com @QMU at our sole and absolute discretion and we may modify or withdraw those Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available by www.lydiaosteoporosis.com @QMU via a Platform and/or the Services) at all times.

3. WHO CAN USE OUR SERVICES

Who can use our Services?

If you are 18 years of age or over and you are capable of entering into contracts for yourself (which is to say, you are not suffering from a mental disability), you may use our Services.

Can children and under-18s use the Services?

If you are under 18 years old:
  • you must have your parent’s or guardian’s permission before using our Services; and
  • you must read these Terms with your parent or guardian to make sure you and your parent or guardian understands and agrees to these Terms; and
  • your parent or guardian must agree to these Terms on your behalf before you use our Services.

4. YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICES

What must you comply with to use the Services?

You may use the Services only if you comply with these Terms, any other applicable terms (including but not limited to our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms) and with all applicable laws.  Likewise, you may use services delivered by third parties only if you comply with the terms and conditions applicable to the delivery of those services by those third parties.

What are your obligations?

By accessing any part of the Services (including any material or content made available by www.lydiaosteoporosis.com @ QMU via the Services), you agree that you will only use such Services:

  • for your own personal, non-commercial use;
  • for lawful purposes; and
  • in a manner that does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of the Services by, any third party. You understand and accept that the hardware you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.

You agree to indemnify us in respect of any damages or losses suffered by us as a result of any claim made or action taken by a third party relating to (i) your use of the Services in breach of these Terms (or any other applicable terms), or (ii) your violation of any applicable law or regulation when using the Services.

You promise to us that you are authorised to agree to these Terms and any other terms that apply to the use of our Services, including (but not limited to) our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms.

5. RESTRICTIONS ON USING OUR SERVICES

What are the restrictions on using our Services?

By accessing any part of the Services (including any material or content made available by www.lydiaosteoporosis.com via the Services), you agree that you will not:

  • use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;
  • use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;
  • use such Services in any way to infringe the privacy or other rights of other users of the Services or to post material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral or otherwise unlawful;
  • charge (whether directly or indirectly) others to use all or any part of the Services
  • commercialise or attempt to commercialise all or any part of the Services;
  • permit or assist in any way any third party to use the material or content made available by www.lydiaosteoporosis.com @ QMU via the Services in an unlawful manner or in a manner that could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;
  • utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;
  • do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;
  • do anything that subjects the Services or www.lydiaosteoporosis.com @ QMU to any derogatory treatment or brings (or might bring) the Services or www.lydiaosteoporosis.com @ QMU into disrepute;
  • misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;
  • penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so; or
  • state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services.

Do you need to register to use the Services?

You may be required to register your details for certain Services and open a user account that you can then use to access and log on to use those Services (your “www.lydiaosteoporosis.com” account). You may change or update your user name and password or other details at any time via your www.lydiaosteoporosis.com Account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.

You are responsible for all activity that occurs under your user name and password. You must keep any password confidential and we will not be responsible where your password is used by someone else. You should notify us immediately of any unauthorised use of your www.lydiaosteoporosis.com Account and any breach of security as soon as you become aware of it.

Please choose a password that is not only memorable but also reasonably secure.  We recommend steering clear of birthdays and names. A combination of letters and numbers is usually the minimum for any sensible level of security, but you might like to use punctuation as well as a combination of upper and lower case characters. Most web accounts are hacked using ‘social engineering’, in short: the guessing of passwords. If your account is hacked, we will not be responsible for any damage that you suffer, so please do your best to keep your registration details secure.

6. Lydiaosteoporosis.com @ QMU RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY

What are our rights in relation to your use of the Services?

We reserve the right to suspend, restrict or terminate your access to all or any part of the Services with or without notice at any time at our sole and absolute discretion.
We may also permanently ban or temporarily suspend you from using the Services if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.

What are our obligations and limits on liability?

We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.

The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way.

Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Services and/or any updates/upgrades.

In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:

  • We do not accept liability for damage or loss while using the Services, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use;
  • any damage to your device or any software;
  • any loss of data that results from your use of the Services;
  • any loss of income, revenue, business, profits or contracts that results from any alleged failure of the Services;
  • any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);
  • any claims brought against you by a third party. There are no exceptions and we cannot accept liability for damage or loss while using the Services.
  • any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.

Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

Nothing in these Terms will:

  • restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
  • limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or fraud or any other liability which cannot be excluded or limited under applicable law.

7. CREATIVE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Who owns the intellectual property in the Services?

All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services and all material or content made available by Lydiaosteoporosis.com @ QMU via the Services (excluding any User Generated Content (see below)) are and will remain at all times the property of Queen Margaret University, Edinburgh

Who can use the intellectual property in the Services?

The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without our express permission.

Nothing contained in these Terms grants you a licence or a right to use any copyright, trademarks, design rights, patents or other intellectual property right owned or controlled by Queen Margaret University, Edinburgh’s licensors or any third party, except to the limited extent necessary to receive the Services.

Can the content of the Services be copied?

You may not copy all or any part of any materials or content made available by www.lydiaosteoporosis.com @ QMU via the Services except to the extent permitted in these Terms, or expressly by us, or at law.

If the Services are accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment:

  • holds a current licence with the Educational Recording Agency (ERA); and
  • complies with these Terms,
the non-commercial access to our Services permitted by these Terms will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.

Who is responsible for user generated content?

The Services will incorporate content that is generated either by users of the Services (including you) or through third party applications/widgets (e.g. from “social media” platforms such as Facebook or Twitter) (“User Generated Content”).   You agree and acknowledge that:

  • our ability to control the User Generated Content is limited;
  • we do not endorse User Generated Content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet; and
  • any views expressed in User Generated Content do not necessarily reflect our views.
Consequently we do not accept any responsibility or liability for User Generated Content or any actions or omissions that you may take in reliance on it.

What additional terms apply to content submitted by you?

If you wish to submit any contribution to the Services or upload any content such as any text, photographs, graphics, video or audio to the Services (“Submission”), you agree that any Submission you make is subject to the following additional terms, except where expressly stated otherwise in any Additional Terms and Conditions that apply to a specific Service.

You retain all ownership rights in any Submission you may make. You promise that your Submission is your own original work, and that you are the owner of any Submission you make or that you have all necessary licences, rights, consents, and permissions to authorise us to use your Submission. In particular, you promise that you have obtained the permission of all of the people featured or referred to in the Submission (and if they are under 18, the permission of their parents or guardians as well) to our use of the Submission on the Services. You agree to give us evidence of all such licences, rights, consents, and permissions if so requested by us. You acknowledge that the contents of any Submission material (other than personal data, the use of which will be governed by our Privacy Policy) will be considered non-confidential.

By making a Submission to our Services, you grant us a licence (which means permission) to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Services, prepare derivative works of and to display your Submission by any medium or method whether now known or later developed to be exercised in our sole discretion throughout the world for the full term of copyright and other rights and all renewals and extensions thereof including, for the avoidance of doubt, the right to register any design rights and/or trademarks. You agree that this licence is: perpetual (which means it lasts forever); non-exclusive (which means you are free to grant permission to use the Submission to other parties); royalty-free (which means we won’t pay for the permission either now or in the future); and transferable (which means we can transfer the licence to any other third party) and you agree that we can sub-licence this license (which means we can grant an equivalent permission to other third parties in respect of your Submission). You also agree to waive your ‘moral rights’ in your Submission.

You are responsible for the contents of any Submission you may make and the consequences arising from its use on our Platforms and/or as part of our Services. You will not upload any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. You agree not to commit any criminal offence or infringe any laws in producing or making a Submission. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, or take any unnecessary risks in order to produce or make a Submission.

You also agree not to advertise or promote third parties’ or your own goods or services in any Submission, including but not limited to by way of the distribution of “spam” messages. In particular, you agree not to use the Services to provide links to third party websites.

We may accept, modify, withdraw or refuse to display your Submission at any time at our sole and absolute discretion. We may do this without notice to you for any reason, including, without limitation, where we suspect your Submission to be in any way defamatory, obscene, unlawful, harmful, offensive, inappropriate or to infringe the rights of a third party. However, we have no obligation to modify or remove any inappropriate, offensive or unlawful User Generated Content or other content.

Please note that we cannot accept any Submission containing any music, save where expressly permitted by us.

8. OTHER IMPORTANT POINTS TO NOTE ABOUT OUR SERVICES

Are my details kept safe?

We use security measures to keep details you have provided to us safe but we recommend that you never use the Services to reveal to others any personal information about yourself or anyone else (for example: telephone number, home address or email address) unless you are absolutely certain that the recipient of such information can be trusted. You are entirely responsible for maintaining the confidentiality of your details when using our Services.

We may share the information you provide to other parties where they'll assist us in delivering education or evaluating the education experience. Please refer to our Privacy Policy for more information.

Can you link to our Website?

You may link your website to the home page of our Website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of our Website other than the home page. We reserve the right to withdraw permission to link to the home page of our Website at any time without notice at our sole and absolute discretion. You may not «deep-link» to pages beyond the home page without our express permission.

Can you frame our Website?

You may not frame our Website on other website without our express permission.

9. OTHER GENERAL TERMS THAT APPLY

Where are these Terms available?

These Terms are available on the Website. We will not file or store a copy of these Terms for each interaction or transaction by you via the Website or the Services. We therefore recommend that you print and store or save a copy of these Terms for future reference.

Can you transfer your rights under these Terms?

You may not assign, sub-license or otherwise transfer any of your rights or obligations set out in these Terms to any other person.

Can a third party enforce these Terms?

These terms do not create any rights that are enforceable by any person who is not a party to these Terms.  However, in registering to become a user of our Services, you also accept the terms and conditions applicable to services delivered by third parties, details of which you can find below.

What happens if we do not enforce a right under these Terms against you?

If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.

What happens if part of these Terms is not enforceable?

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.

What happens if there is a dispute about these Terms?

These Terms are available in English only and are governed by and construed in accordance with the laws of Scotland.  Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of Scotland

11. DETAILS OF WHO TO CONTACT

You can email us with any questions, queries or complaints regarding these Terms at RGCU@QMU.ac.uk. Alternatively, our postal address is: Queen Margaret University, Queen Margaret University Drive, Musselburgh, East Lothian, EH21 6UU.

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