THESE TERMS AND CONDITIONS OF USE (THEREAFTER THE "TERMS AND CONDITIONS") GOVERN YOUR USE OF THE SENSEE.CO.UK WEBSITE (THE "WEBSITE") PROVIDED BY SENSÉE LTD (THE "COMPANY"). BY ACCESSING AND/OR USING THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE FOLLOWING TERMS AND CONDITIONS.
1. Permitted Use
You have a non-exclusive, non-transferable, limited, revocable right to use the Website solely for your personal educational, informational, and entertainment use or any other use the Company and you agreed to in a separate written agreement. You will not use the Website for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, you will not authorise any other person to (i) co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another Website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website. You agree to cooperate with the Company in causing any unauthorised co-branding, framing or linking to immediately cease.
You may use the Website for lawful purposes only. You may not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting such information or materials.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Website are registered and unregistered Trademarks of the Company and its licensors, content providers, clients and business partners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Company or such party that may own the Trademark. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
3. Proprietary Information
The content accessible within the Website, including without limitation, all articles, press releases, Trademarks, graphics, charts, screen captures, clipart, text, links, product information, and other information (collectively, the "Content") is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, you will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider, except that you may print out a copy of the Content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, Trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
You will indemnify and hold the Company, its licensors, content providers, service providers, clients and contractors (the "Indemnified Parties") harmless from your breach of these Terms and Conditions and your use of the Content other than as expressly authorised in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.
Your use of and browsing in the Website are at your sole risk. THE WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE WEBSITE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
The Company does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
6. Limitation of Liability
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, THE "COMPANY AND ITS AFFILIATES"), WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOST PROFITS OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE WEBSITE, THE CONTENTS OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, EVEN IF THE COMPANY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF YOU HAVEN'T MADE ANY PAYMENTS TO COMPANY, THEN THE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED £100.00 UK STERLING. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
The opinions, advice, statements, and comments (together, the "Messages") posted on the discussion forums (the "Forums") are supplied by third parties and other users unless the Company or its authorised representative identifies itself as the content poster. The Messages submitted on the Forums are for general information purposes only and are not warranted to be accurate or current, are solely those of the various authors, and do not necessarily reflect the views or official position of the Company. The Company reserves the right to monitor the Forums to determine compliance with these Terms and Conditions, as well as the right to remove or refuse to post any posting. Although the Company may periodically undertake certain editorial screening of the Messages, this is only for the purpose of maintaining relevance to the purposes of the Forums. The Company is not undertaking to assess, screen or provide a warning for Messages containing threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. By participating in the Forums, You waive for yourself and your company all claims against the Company and other Forum participants, including, without limitations, claims of libel, defamation, and negligence.
By communicating with the Company (by e-mail or otherwise) or participating in any Forum, you grant the Company an irrevocable, non-exclusive, transferable and worldwide royalty-free right and license to use, reproduce, modify, adapt, translate, publicly perform and display, distribute, sublicense, create derivative works from, and sell any information, message, suggestion, idea or concept you communicated to the Company or posted on the Website (in whole or in part) for any purpose the Company chooses, commercial, public or otherwise.
The Website may contain hyperlinks to websites operated by third parties other than the Company. Such hyperlinks are provided for your references only. The Company does not control such third party websites and is not responsible for their contents or the products and services offered on the third party websites. The Company's inclusion of the hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Operators of other websites may not maintain links to this Website without the Company's prior written consent. The Company reserves the right to prohibit other websites from linking to the Website.
The Company has the right at any time to change or discontinue any aspect or feature of the Website. These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Website after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly.
If any section or provision of these Terms and Conditions are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such section or provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby. These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of England. You and the Company (collectively the "Parties;" individually a "Party") irrevocably submit to the non-exclusive jurisdiction of the English Courts. The waiver by either Party of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. These Terms and Conditions may be waived or amended only in writing signed by the Parties.
Latest version posted 25/09/07