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Terms and Conditions

All copyright and other rights that subsist in the home page and in the sub-domain pages of www.talkingpoint.org.uk website (“the Site”) are owned by Talking Point or other parties. All use of the Site signifies your agreement to be legally bound by the following Terms and Conditions. If you do not agree to be legally bound by the following Terms and Conditions please do not access and/or use the Site.

1.Subject to what is said below material from the Site may be browsed, downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of Talking Point.

2.You will not use the Site:

(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

(b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

(c) to post any material protected by copyright, trademark laws and regulations without the written permission of the owner of the intellectual property right;

(d) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation or commercial exploitation;

(e) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

(f) to advertise or offer to sell any goods or services for any commercial purpose;

(g) for the posting, uploading, emailing or other transmission of any personal data about an identifiable child;

(h) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site except where expressly permitted by the Site;

(i) to transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted by the Site;

(j) in such a ways so as to remove the copyright or trade mark notice(s) from any copies of any material in accordance with these terms; or

(k) in any way that might infringe third party rights or that might bring Talking Point or any organisation affiliated to Talking Point into disrepute.

3.You hereby grant Talking Point a non-exclusive, royalty-free, perpeptual and worldwide licence (with the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from and to exercise all copyright with respect of any material you submit, to republish, display, copy, distribute, transmit, print or otherwise make available to the public any material you submit, post, upload, email or otherwise transmit to the Site in any format, including without limitation print and electronic format.

4.Talking Point shall have the right to refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and Talking Point shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of Talking Point or its employees) arising from your inability to access or use any of the pages on the Site.

5.The information provided on or in the Site is intended for recreational, non-commercial purposes only. Whilst the information provided by Talking Point, its employees and agents contained within these pages is considered correct at the date of publication and every effort has been taken to ensure the accuracy of it (other than the third party content on or in the Site, in respect of which Talking Point has no control whatsoever), it has been provided from a number of sources and the contents of the Site are naturally subject to change from time to time. Therefore, Talking Point cannot and does not accept any liability for the information provided on or in the Site. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF RELEVANT FACTS AND OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.

6.The Site may contain material (including, but not limited to, advertisements) posted by third parties. Individual users and advertisers are solely responsible for the content of advertising and other material which they submit to Talking Point and for ensuring that such content complies with all relevant legislation. Talking Point accepts no responsibility for the content of material submitted by third parties, including, without limitation, any error, omission or inaccuracy therein.

7.The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. You may not (save as allowed in these terms and conditions) copy, reproduce, transmit or distribute any such material without the licence of permission of the author and you agree to pay any costs or expenses incurred by Talking Point which may arise as a result of your failure to obtain such a permission or licence.

8.Talking Point cannot guarantee that your use of the Site will be free from error and/or uninterrupted. Talking Point, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of Talking Point or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action or contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.

9.Whilst effort has been taken to ensure that the Site is free from viruses, Talking Point gives no warranties it will always be free from viruses and you are responsible for ensuring that you have installed adequate and up-to-date virus-checking software. Talking Point excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Talking Point or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of the Site.

10.The information on the Site is directed at those who live in the UK. If you live outside of the UK, although you may find the information useful, it is possible that it is not applicable to you. Additionally, it is possible that the information about education provision is applicable in England only – different parts of the UK may have different provision.

11.On some of the pages of the Site you may be informed of the opportunity of entering into agreements with third parties. Talking Point is not liable in relation to, and takes no responsibility for, any contract entered into by you with any third party.

12.The Site may include links to external websites. These links are included to give you the opportunity to access other pages that it is felt may be of interest or assistance to you. Talking Point is not responsible for the content of these Internet sites.

13.Save unless otherwise stated, no warranty whatsoever is given as to any goods or services purchased, obtained or offered to you through use of the Site, whether accessed directly or otherwise, and no liability is accepted by Talking Point in relation to any contract entered into by you with any third party on or by means of the Site.

14.Talking Point may, from time to time, have competitions, prize draws or other promotions and offers on the Site. These will be subject to additional terms and conditions that will be made known to you.

15.The names, images and logos identifying Talking Point or third parties and their products and services may contain intellectual property rights vested in Talking Point, and/or third parties. Any use made of such names, images and logos may be an infringement of intellectual property rights and Talking Point reserves all rights to enforce such rights that it might have. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, copyright or any other intellectual property right of Talking Point or any other third party.

16.Talking Point reserves the right to remove any material submitted by you for any reason and without notice to you.

17.Talking Point reserves the right to terminate access to a Talking Point Message Board to any participant who does not abide by these Terms and Conditions and the Talking Point Message Board Terms of Use.

18.These terms and conditions may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.

19.If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

20.As mentioned at Clauses 6, 7, and 15 above, the Site may include third party material and/or proprietary marks and since you use of that third party material and/or proprietary mark is governed, in part, by these terms, these terms may be enforced against you by any third party with an interest in the said material and/or proprietary marks.

21.These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from matters relating to the Site shall be exclusively subject to the jurisdiction of the courts of England and Wales.

22.Talking Point: Talking Point is a national first point of contact speech and language information website for parents, professionals and the general public run by I CAN (registered charity number 210031), working with The Royal College of Speech and Language Therapists (registered charity number 273724) and Afasic (registered charity number 1045617).

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