Enabling Self-management
and Coping with Arthritic Pain
using Exercise

Terms of Use: ESCAPE-pain website/app

These terms and conditions of service (“Terms of Use”, “Statement” or “Terms and Conditions”) governs our relationship with users and others who interact with the ESCAPE-pain website/app. By using or accessing the ESCAPE-pain website/app, you agree to this Statement.

Disclaimer

This website/app is provided “as is” without any representations or warranties, express or implied. The ESCAPE-pain website/app makes no representations or warranties in relation to this website/app or the information and materials provided on this website/app.

The nature of the content on this website/app is such that people may post messages, files, events and any other information for the purposes of collaborating with other users on the system, for work-related purposes. Anyone acting on any advice or information contained on the site does so entirely at their own risk.

Responsibility for any views, opinions and statements purporting to be factual posted on the ESCAPE-pain website/app remains the responsibility of the individual posting them on the site.

Without prejudice to the generality of the foregoing paragraph, the ESCAPE-pain does not warrant that: this website/app will be constantly available, or available at all; the information on this website/app is as complete, true, accurate or non-misleading as is reasonably possible and is intended to supplement not replace other medical advice.

If you require bespoke advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

ESCAPE-pain will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/app: for any direct loss; or for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data including without limitation any personal injury caused in the course of following or attempting to follow the advice set out on the ESCAPE-pain website/app.

These limitations of liability apply even if the ESCAPE-pain has been expressly advised of the potential loss.

Other parties

You accept that ESCAPE-pain has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ESCAPE-pain’s officers or employees in respect of any losses you suffer in connection with the website/app.

You agree that the limitations of warranties and liability set out in this website/app disclaimer will protect ESCAPE-pain’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the ESCAPE-pain.

Privacy

By using this website/app, you consent to us collecting and using your details in accordance with these Terms of Use.

If you decide at any time that you no longer wish to be contacted by us, please notify us by email to hello@escape-pain.org.

 

Information We Collect – Fair Use Statement (Data Protection Act 1998)

When you use this website/app we may collect details about you. The types of information collected might include names, e-mail address and other details including your IP address.

By providing us with your personal data, you consent to the collection and use of any information you provide in accordance with this privacy statement. Personal details are collected in a number of ways: they can be obtained via the use of cookies or when you register. We may also collect information you give us in written or other communications.

We use details that we collect about you to improve our understanding of customer needs in developing the website/app and to help us to customise the website/app to improve its usefulness to you.

We will use your personal information to provide you with the services, products or information you have requested and for administration purposes.

You can change your mind about being contacted at any time by contacting us. If you choose to unsubscribe from email contact by ESCAPE-pain or an associated third party, it may take a few days to remove your details from our list. Regrettably, this may mean you will receive an email before your details have been updated.

If we contact you via e-mail or SMS we will give you the opportunity to decline to receive future e-mail and SMS messages from us.
 

With Whom Do We Share The Information That We Collect?


We will not sell, trade, rent or make available your personal information to others unless you have given us your permission to do so.

We compile anonymous records of user trends which we may make use of ourselves, or to unconnected parties.

We may disclose details about use of our websites/apps to other businesses e.g. to demonstrate patterns of use to business partners. The information we pass on will not include any personal information by which you may be identified.

We may forward your personal details to the police or another regulatory body or government authority if we are asked to do so or wish to do so in order to comply with the law or in relation to the investigation of suspected illegal activities or in relation to any suspected misuse by you of our web site or any of our web site services.

 

Data Security

We have adopted measures to ensure that users' personal details are not misused, accidentally destroyed, lost or altered. Where information is transferred to a third party, that third party will be required to keep your personal details secure.

We endeavour to prevent unauthorised disclosures of your personal information by other people, but we are not responsible for any unauthorised disclosures or other breaches of security or for the actions of others if the information was passed to them with your authority or with the authority of anybody other than us or our member organisations.

Please be aware that if you disclose information on chat areas, forums or other public services it may be possible for other people to use this information. We are not responsible for the disclosure of any information you post in this way.

 

Transfer of Details outside the EEA

Given the global nature of the Internet, use of the Internet to collect and process personal details may involve the transmission of data internationally. Therefore, by browsing this website/app and communicating electronically with us, you acknowledge and agree that we may process your personal details outside the European Economic Area (EEA).

However, we will always endeavour to ensure that any third party to whom your personal details are transferred will take appropriate steps to safeguard your personal details in accordance with the UK Data Protection Act 1998 (as amended).

 

Updating Your Details

You can update the personal details we hold on you by updating them within the password controlled area of the site, or contact us and we will amend them for you. Please try and keep your personal details up to date at all times.

We may change or update the website/app Terms of Use (for example in order to comply with new legal requirements) so please do check here from time to time to note such changes. We reserve the right to change any part of this agreement without notice.

Accessing Your Details

We will provide you with a summary of personal details that we hold on you upon your written request, subject to an administration charge of £10 per request. To make a request, you should send an email to hello@escape-pain.org and provide your full name, postal address and postcode. We will correct any inaccuracies if these are notified to us.

You can also request that the personal details that we hold about you are removed from our system. However, this will mean that you will longer be able to access parts of the website/app that require a log in.

Cookies

What is a "Cookie"?

"Cookies" are small pieces of information that are issued to your computer when you enter a website/app. Cookies are stored by your browser on your computer's hard drive, and they can be used for a wide range of purposes, such as identifying your computer's previous visits to this website, and to ascertain the most popular features of this website/app. Cookies cannot be used by themselves to identify you.

Types of cookie & the information we collect

We use session cookies on the website/app.
Session Cookies are temporary cookies that are erased when you leave the website/app. They allow you to carry information across pages of the website/app without having to re-enter this information. Session cookies do not collect information from your computer.

By using our website/app you agree to allow us to use cookies to collect your information.

What use do we make of the information we collect?

We may use the information we collect from you so that we can tailor content and the presentation of the website/app to match your preferences. We may compile anonymous aggregated statistics using information provided by cookies to develop a clearer picture of which parts of this website/app are the most popular to its visitors.


Disabling/Enabling Cookies

You can accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the features of the website/app if cookies are disabled.

 

Sharing Your Content and Information

You own all of the content and information you post on the ESCAPE-pain website/app. In order for us to use certain types of content and provide you with the ESCAPE-pain website/app, you agree to the following:

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ESCAPE-pain ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

When you delete IP content, it may be deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about the ESCAPE-pain website/app, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

We reserve the right to moderate any User Generated Content and if for any reason we edit any post or edit, close or delete any thread, we will not necessarily enter into any discussion of our reasons for doing so.

You shall not post anything that may cause us legal problems, including but not limited to defamatory content or material that may be in breach of a third party’s copyright. Remember that you are responsible for anything you post on the site.
In the event that you are in breach of any of our terms and conditions at any time, your account may be suspended or you may be banned from the site. The length of any suspension will be in our sole discretion. If your account is suspended or you are banned you may not open another account with us and we reserve the right to terminate any such account. In the event that you continue to contravene our terms, we reserve the right to contact your employer or your internet service provider.

If you see anything posted on the site which you believe to be in breach of our terms you may report it by sending an email to hello@escape-pain.org. We cannot guarantee that any action will be taken as a result of your email. We reserve the right not to enter into correspondence with you.
 

Safety

We do our best to keep the ESCAPE-pain website/app safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

● You will not send or otherwise post unauthorised commercial communications to users (such as spam);
● You will not collect users' information, or otherwise access the ESCAPE-pain website/app, including using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
● You will not upload viruses or other malicious code;
● You will not solicit login information or access an account belonging to someone else;
● You will not facilitate or encourage any violations of these terms of use.

Any links to third party websites/apps are provided for convenience only. ESCAPE-pain has no control over such websites/apps and accepts no liability for their content.

 

Registration and Account Security

Our users are not initially supplied with registration details. When you are able to register on the website/app, login details will be distributed to you automatically via email.

Here are some commitments you make to us relating to registering and maintaining the security of your account:

● You will not provide any false personal information on the ESCAPE-pain website/app, or create an account for anyone other than yourself without permission;

● You will keep your contact information accurate and up-to-date;
● You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
● You will not transfer your account to anyone without first getting our permission.

 

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on the ESCAPE-pain website/app that infringes someone else's rights or otherwise violates the law. We can remove any content you post on the ESCAPE-pain website/app if we believe that it violates this statement.

If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, you can contact hello@escape-pain.org to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

This site and its content are protected by copyright. The content of this website/app may be viewed, printed or downloaded for personal, non-commercial use only. It is not to be modified, reproduced, transmitted, published or otherwise made available in whole or in part for commercial purposes without the prior written consent of ESCAPE-pain.

In no event shall any user of this website/app use the name or logo of ESCAPE-pain or any of its trademarks, other than with the express written consent of an authorised representative of ESCAPE-pain.

If you collect information from users, you will: obtain their consent, make it clear you (and not ESCAPE-pain) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

You will not post anyone's identification documents or sensitive financial information on the ESCAPE-pain website/app.

Amendments

We reserve the right to change these Terms of Use and any other terms and conditions at any time without notice.

Termination

If you violate the letter or spirit of this statement, or otherwise create possible legal exposure for us, we can stop providing all or part of the website/app to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account at any time. In all such cases, this statement shall remain binding.

Disputes

If anyone brings a claim against us related to your actions or your content on the website/app, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You agree that the Laws of England & Wales apply and you irrevocably consent to the jurisdiction of the courts of England & Wales in the event of any dispute whatsoever or howsoever arising.

Definitions

By "website" we mean the features and services we make available, including through (a) our website/app at ESCAPE-pain and any other ESCAPE-pain branded or co-branded websites/apps (including sub-domains, international versions, and mobile versions; and (b) other media, devices or networks now existing or later developed.

By "us," "we" and "our" we mean ESCAPE-pain and/or its member organisations and/or its affiliates.

By "content" we mean any information posted on the website/app, including information about you and the actions you take.

By "post" we mean any data uploaded or content otherwise made available to us or other users.

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

Other

These Terms of Use comprise the entire agreement between ESCAPE-pain and you, and supersedes any prior Terms of Use, agreements or representations.

If any portion of these terms and conditions are found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms of Use from time to time, it will not be considered a waiver.

You will not transfer any of your rights or obligations under Terms of Use to anyone else without our consent.

All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these terms and conditions shall prevent us from complying with the law.

These Terms of Use do not confer on you or anyone else any third party contractual or beneficial rights.