In the context of these terms and conditions, the following words shall have the following meanings:
"Cancer Research UK" means Cancer Research UK, a registered charity in England and Wales (1089464) and in Scotland (SC041666), and a company limited by guarantee in England & Wales No. 4325234, having its registered office at Cancer Research UK, Angel Building, 407 St John Street, London, EC1V 4AD;
"the Community Material" means all of the information, data, text, graphics, links or computer code posted by community users on the User Communities.
"the Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website but excluding the Forum Material;"the Website" means the MyProjects website under the ownership or control of Cancer Research UK from which a link has been created to these terms and conditions;
"Website Forum" means the area of the Website where users are able to upload Forum Material and communicate with each other;
"User" means the individual, firm, company or organisation accessing this website;
"User Communities" means all areas of the Website where Users are able to contribute Community Material including (but not limited to) forums and blogs.
2. Applicable terms and conditions
The Website is owned by Cancer Research UK and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. Cancer Research UK may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
3. Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by Cancer Research UK before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Cancer Research UK.
4. Copyright and trade marks
4.1 Copyright in the Material is owned by Cancer Research UK or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of Cancer Research UK or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of Cancer Research UK and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of Cancer Research UK and may not be used without the prior consent of Cancer Research UK.
4.3 All works in the nature of databases attract database rights.
5. Project Funding
By donating to a specific project through the Cancer Research UK MyProjects website, you understand that the funds you donate (less any associated transaction fees charged by our payment service provider, Worldpay) along with any eligible Gift Aid, go directly to funding that specific project.
By donating to a specific project through the Cancer Research UK MyProjects website, you understand that should the funds received do not reach the amount needed to cover this project Cancer Research UK will fund the project from other donations or funds.
6. Gift Aid
When you donate to Cancer Research UK you can confirm that you are a UK taxpayer in accordance with the requirements of the Gift Aid scheme as they apply from time to time and Cancer Research UK reclaims Gift Aid on behalf of the charity under the Gift Aid scheme. Any Gift Aid eligible on donations made to a specific project on the MyProjects site will also be allocated to that project. We recommend that you consult your own financial or tax advisor with any queries you have about Gift Aid.
7. Privacy and Data Protection
Our Privacy Statement can be read in full here.
Whilst Cancer Research UK makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by Cancer Research UK or its agents.
10. MyProjects Community Rules
10.1. About Your Posts
Comments posted when contributing material to User Communities must meet the following requirements.
10.1.1 You must not impersonate anyone else, including, but not limited to, any Cancer Research UK employee, forum staff, or falsely state or suggest that you have an affiliation with a person or association.
10.1.2 Do not post personal information about yourself or others on this message board e.g. real name; home address; telephone number; email address etc. This will help to protect you and others.
10.1.3 Any material you post in User Communities will be available to anyone with access to the Website.
10.1.4 Posting of confidential information is prohibited. If you think that your message may include confidential information then do not post it.
10.1.5 Advertisements, spam, chain letters, pyramid schemes, and requests for money are prohibited.
10.1.6 You are responsible for the content of any Community Material that you post.
10.1.7 You must be over 14 years of age in order to participate in the User Communities.
10.1.8 You may not post any material or links to any material which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.
10.1.9 Do not post any material which may be discriminatory or cause offence on the grounds of an individual's sex, race, religion or belief, ethnic or national origin, sexual orientation, age, marital status, disability or working status.
10.1.10 You may not the User Communities to post any material or links to any material which is knowingly false and/or defamatory, inaccurate, abusive, harassing, obscene, profane, threatening or otherwise in violation of the law.
10.1.11 You must not post or link to any material that contains any information about any person under the age of 18.
10.1.12 You must not attack someone for having an opinion that differs from your own; if you disagree with someone, please express yourself respectfully.
10.1.13 Remember that the user communities are public and your comments may stay on-line for a long time. Try to make sure you cannot be misunderstood.
10.2. Copyright and Third Parties
10.2.1 You own the copyright to the Community Material you post but you agree to grant us perpetual, royalty-free, non-exclusive licence to publish your entry on any media.
10.2.2 You agree that you will not post any copyright material which is not your own without the express permission of the copyright holder.
10.2.3 You may add links to internal or external sites within your post but you agree to remain responsible for any links you add. We reserve the right to remove any links we consider inappropriate.
10.3.1 You may only post images that are your own and that you own the copyright of.
10.3.2 You may not post any images that are pornographic, offensive or of a criminal nature nor what are or may be defamatory, abusive, harassing, obscene, profane, threatening or which may be discriminatory or cause offence on the grounds of an sex, race, religion or belief, ethnic or national origin, sexual orientation, age, marital status, disability or working status.
10.3.3 Should any images posted include other individuals, you must obtain their permission first before uploading. If the person is under 18 years of age, you must have their parents or Guardians consent.
10.3.4 Images posted to the MyProjects image gallery will be automatically uploaded on to the Flickr website. You should be aware of and agree to the Flickr terms and conditions that will also apply.
10.4 Complaints and Restricting Access
10.4.1 If you wish to make a complaint regarding Community Material posted i.e. that is objectionable or otherwise in breach of these Community Rules then please contact us using the contact us form which is available on all user communities. If a formal complaint is made against you, we reserve the right to suspend your account and only reinstate you it if the complaint is resolved.
10.4.2 Cancer Research UK reserves the right to delete any Community Material or take action against any user at any time for any reason and without prior contact with the author or contributor.
10.4.3 Cancer Research UK reserves the right to restrict access to the User Communities for any User.
10.4.4 If you are responsible for any breach of these Community Rules, it will not be an excuse to say you did not read the Community Rules.
10.4.5 As a last resort we may issue a ban (either temporary or permanent) if it becomes evident that you are unwilling to keep to these Community Rules. This will only occur if we feel it is necessary to protect others or the integrity of the Website Forum.
10.5 Website Community Disclaimer
10.5.1 The majority of content posted in the Website Forum is created by members of the public, the views expressed are theirs and not those of Cancer Research UK.
11. Your promise to us
You agree to indemnify and hold harmless Cancer Research UK from and against any claim, liability, cost , damage or loss we may incur (including, without limitation legal costs) as a result of any material you post on our User Communities or any violation by you of your obligations under these terms and conditions.
12. Disclaimer and Limitation of Liability
12.1 The Website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this Website. So far as permissible by law, Cancer Research UK does not accept any liability to any person relating to the use of such information.
12.2 Whilst Cancer Research UK has taken every precaution compiling this Website, neither it or any contributors to the Website can be held responsible for any action (or lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through the Website.
12.3 Cancer Research UK hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall Cancer Research UK be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if Cancer Research UK has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
13. Force majeure
Cancer Research UK shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
14.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
14.2 These terms and conditions constitute the entire agreement between Cancer Research UK and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Cancer Research UK.
14.3 Any failure of Cancer Research UK to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.