FIXING US VIRTUAL ENGAGEMENT FORUMS
PARTICIPANT TERMS AND CONDITIONS
1. Description
These Terms and Conditions (“Terms”) are between you and Fixing Dad Ltd (“we”, “us”, “our”). These Terms govern your use of our Virtual Engagement Forums (“Forums”) service which includes the selection of [5-7] individuals with relevant health conditions (“Participants”) and facilitation by us of virtual forums enabling Participants to engage with each other using third party video conferencing services and a technical moderator (the “Service”). Organisation of Forums falls exclusively to us and we have the sole and exclusive right to call and to cancel the same in our sole discretion.
2. Purpose and Health Disclaimer
You acknowledge that the Service is solely an opportunity for Participants to engage with other people with similar conditions. We are not a medical organisation and the Service is not in any way a mechanism for providing medical advice or diagnosis and nothing in the Service should be construed as such. We do not permit medical practitioners or healthcare professionals to participate in the Service in a professional capacity without express written consent from us and Participants must not use the Service to sell services, give medical advice or to offer professional services. The technical moderator (“Moderator”) will be present to facilitate constructive discussion and ensure that the Service is working and monitor that Participants are complying with the conduct guidelines set out below and which may be provided from time to time on a case by case basis to Participants.
For the avoidance of doubt we make no warranties of any kind or whatsoever about the veracity or safety of statements made by the Moderator or by other Participants and any Participant relying on the statements or actions of the Moderator or another Participant and including, without limitation, in relation to diet, does so entirely at their own risk and you agree to hold us harmless against any claim, damage or liability of any kind whatsoever arising therefrom of any kind.
The Forums will be recorded and transcribed by us and more information on how these recordings and transcriptions will be used is set out below.
3. Privacy and Security
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Statement available here: https://www.fixingdad.com/data-privacy. You should review our Privacy Statement, which is incorporated into these Terms by this reference, and you confirm that when using the Service, you consent to your personal data being used and processed in accordance with our Privacy Statement.
4. Conduct Guidelines
You acknowledge that all information shared by a Participant on the Service (including any documents, still or moving images (including the Participant’s own audio-visual contribution)) (the "Participant Content"), is the sole responsibility of the person who shared the Participant Content. This means that you are entirely responsible for all of your Participant Content. Although the Moderator will be present during Forums and will use reasonable endeavours to ensure Participants adhere to conduct guidelines, we do not control the Participant Content and, as such, we do not guarantee the accuracy, integrity or quality of such Participant Content. You understand that by using the Service, you may be exposed to Participant Content that is offensive or objectionable. Under no circumstances will we be liable in any way for any Participant Content, including, but not limited to, for any errors or omissions in any Participant Content, or for any loss or damage of any kind incurred as a result of the use of any Participant Content which you rely or act upon or further disseminate entirely at your own risk
You agree not to use this Service to:
a. Share or otherwise transmit any Participant Content or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Share or otherwise transmit any Participant Content or other materials that are not your own, or that you do not have a right to share or otherwise transmit such as confidential information;
c. Share or otherwise transmit any Participant Content or other materials that infringes upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
d. Share or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
e. Purport to give medical advice to any Participant;
f. Intentionally or unintentionally violate any applicable law or regulations;
g. "Stalk" or otherwise harass another Participant or the Moderator;
h. Abide by the Terms of Service of the video conferencing service used as part of the Service (e.g. Zoom).
You agree to abide by the instructions of the Moderator while using the Service. We may revoke your use of the Service to enforce these conduct guidelines if violations are brought to our attention.
5. Our use of Participant Content
The Forums will be recorded and transcribed by us and therefore we will have a record of all Participant Content generated as part of the Forums. You grant us and our successors and assigns a royalty-free, perpetual, irrevocable, exclusive right (including any moral rights or, depending on the law of your jurisdiction, you waive any moral rights) and licence, including the right to sublicense, (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Participant Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Participant Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Participant Content, for our own educational, marketing and promotional content (including but not limited to using clips of the Participant Content to support educational initiatives in any app developed by us and in events being sponsored by a brand/partner).
You also warrant that: (i) you own or otherwise control all of the rights in or to your Participant Content including, without limitation, all the rights necessary for you to provide, share or upload the Participant Content; (ii) to the extent that you are not the exclusive holder of all Rights in Participant Content, any third party holder of any Rights, including moral rights in such Participant Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Participant Content (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted lawful use of the Participant Content as specified above without compensation to the provider of the Participant Content. Except as provided in our Privacy Policy, none of the Participant Content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Participant Content.
We will also use the Participant Content to identify potential protagonists for new filmed Participant journeys and sponsored content to be made by us. If you are identified as a potential protagonist, we will contact you and, if you agree to participate, we will enter into a separate agreement setting out the terms and conditions of your contribution.
6. Disclaimers of Warranties
The Service is provided “As Is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied.
7. Limitation of Liability
You acknowledge that, in the event of any breach by us or any third party of these Terms, the damage, if any, caused you thereby will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies in such event will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate this agreement or any of our rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of any content made by us or any subsidiary or allied rights with respect thereto.
8. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of the Service, your violation of these Terms, or your infringement, or the infringement of any intellectual property or other right of any person or entity.
9. Governing Law
These Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.