Terms and conditions

These terms and conditions outline the rules and regulations for the use of the Islington online Book of Condolence. By accessing this Book of Condolence, we assume you accept these terms and conditions in full. Do not continue to use Islington Book of Condolence if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Contributor”, “You” and “Your” refers to you, the person submitting any content to this Book of Condolence and accepting the Council’s terms and conditions. “The Council”, “LBI”, “Ourselves”, “We”, “Our” and “Us”, refers to the London Borough of Islington. “Party”, “Parties”, or “Us”, refers to both the Contributor and ourselves, or either the Contributor or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please note: In relation to personal data and data protection please see our privacy policy. 

Summary statement of intended use 

The Islington Book of Condolence is intended for use by anyone who wants to leave a dedication or message of remembrance for a loved one, friend or acquaintance, or an uplifting message of hope, or thanks to a person or organisation who has helped them in some way during the coronavirus (COVID-19) crisis.  

Reservation of Rights

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Book of Condolence. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on the Web Site. 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 LBI Web Site after it has been posted.

User Content

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Book of Condolence.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Book of Condolence or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of LBI, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Book of Condolence. If you find any link on our Web site or any linked web site objectionable for any reason, you should contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Book of Condolence to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the LBI website or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Book of Condolence, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Book of Condolence for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Book of Condolence may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. LBI assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Book of Condolence.
If you are under 16, you confirm that you have permission of your parent or LBI to submit content.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Book of Condolence and the use of this Book of Condolence (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;

2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Governing law & jurisdiction

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

Indemnification

You agree to defend, indemnify, and hold harmless London Borough of Islington, from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of LBI.