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- | ======TERMS====== | + | ====== TERMS & CONDITIONS |
Published May 2021 | Published May 2021 | ||
- | ====== | ||
- | **IMPORTANT LEGAL NOTICE** ====== | ||
+ | ===== IMPORTANT LEGAL NOTICE ===== | ||
THESE TERMS AND CONDITIONS (INCORPORATING THE ACCEPTABLE USE POLICY) (TOGETHER, “TERMS”) TELL YOU THE RULES FOR USING THE PLATFORM (AS DEFINED BELOW). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS APPLY TO ANY USER OF THE PLATFORM, WHETHER INTRODUCED BY US OR BY ANY OTHER PERSON AND WHETHER OR NOT ANY SUCH USER HAS AGREED TO THEM. BY USING THE PLATFORM YOU AGREE TO THESE TERMS AND CONDITIONS WHICH SHALL BE LEGALLY BINDING. | THESE TERMS AND CONDITIONS (INCORPORATING THE ACCEPTABLE USE POLICY) (TOGETHER, “TERMS”) TELL YOU THE RULES FOR USING THE PLATFORM (AS DEFINED BELOW). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS APPLY TO ANY USER OF THE PLATFORM, WHETHER INTRODUCED BY US OR BY ANY OTHER PERSON AND WHETHER OR NOT ANY SUCH USER HAS AGREED TO THEM. BY USING THE PLATFORM YOU AGREE TO THESE TERMS AND CONDITIONS WHICH SHALL BE LEGALLY BINDING. | ||
- | ====== WHO WE ARE AND HOW TO CONTACT US ====== | + | ===== WHO WE ARE AND HOW TO CONTACT US ===== |
- | + | Senate Holdings Limited is a company which supplies, hosts and provides platforms (“**Platforms**”) to clients and others. | |
- | Senate Holdings Limited is a company which supplies, hosts and provides platforms (“Platforms”) to clients and others. | + | |
If you have any queries about these Terms, please contact us at support@senatesense.com. | If you have any queries about these Terms, please contact us at support@senatesense.com. | ||
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In addition to these Terms, there may be other third party terms that apply to your use of the Platform. Your use of the Platform shall constitute acceptance of any third party terms that relate to the operation of the Platform and that are made available to you from time to time. | In addition to these Terms, there may be other third party terms that apply to your use of the Platform. Your use of the Platform shall constitute acceptance of any third party terms that relate to the operation of the Platform and that are made available to you from time to time. | ||
- | Your use of any Platform is subject at all times to the Terms, the Privacy Policy and the Cookies Policy (all together “the Senate Terms”). The Senate Terms can be found at: www.senatesense.com/terms-conditions. By using the Platform you agree to be bound by, and comply with the obligations in, these documents – please review them prior to using the Platform. From time to time, we may update any part of the Senate Terms and may introduce new policies, which we will make you aware of. Your continued use of the Platform is an agreement to such updated and new terms/ | + | Your use of any Platform is subject at all times to the Terms, the Privacy Policy and the Cookies Policy (all together “the Senate Terms”). The Senate Terms can be found at: https:// |
- | **1. PLATFORM ACCESS AND USE** | + | ====== |
- | 1.1 Ownership and Licences. You own the content that you post; you also grant us and other users of the Platform certain rights and license to use it. The details of these licenses are described in section 2.3 below. | + | 1.1 Ownership and Licences. You own the content that you post; you also grant us and other users of the Platform certain rights and license to use it. The details of these licenses are described in section 2.3 below. |
- | 1.2 Responsibility for Posts. You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws. | + | 1.2 Responsibility for Posts. You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws. |
- | 1.3 Post Verification. We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Platform. Posts from lawyers and other professionals should not be treated as a substitute for professional advice for your specific situation. We make no representations, | + | 1.3 Post Verification. We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the Platform. Posts from lawyers and other professionals should not be treated as a substitute for professional advice for your specific situation. We make no representations, |
- | 1.4 Platform Rules. You agree to follow the rules of the Platform. When you use the Platform, you agree to comply with the Senate Terms and any other third party terms applicable to the Platform and that we make you aware of. | + | 1.4 Platform Rules. You agree to follow the rules of the Platform. When you use the Platform, you agree to comply with the Senate Terms and any other third party terms applicable to the Platform and that we make you aware of. |
- | 1.5 Registration. When you set up a profile on the Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, | + | 1.5 Registration. When you set up a profile on the Platform, you will be asked to provide certain information about yourself. You agree to provide us accurate information, |
- | 1.6 Privacy Policy. Our privacy practices are set out in our Privacy Policy. When you use the Platform you acknowledge that we will process your personal information in accordance with our Privacy Policy. | + | 1.6 Privacy Policy. Our privacy practices are set out in our Privacy Policy. When you use the Platform you acknowledge that we will process your personal information in accordance with our Privacy Policy. |
- | 1.7 Acceptable Use Policy. By using the Platform and interacting with others using the Platform, you agree to follow our Acceptable Use Policy at all times. See the “Acceptable Use Policy” at the end of these Terms. | + | |
- | 1.8 Account Closure and Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your account and access to the Platform if you violate the Senate Terms or for any other reason. | + | |
- | 1.9 Changes to the Platform. We are always trying to improve your experience on the Platform. | + | 1.7 Acceptable Use Policy. By using the Platform |
- | 1.10 Platform Withdrawal | + | 1.8 Account Closure |
- | 1.11 Feedback. We welcome your feedback and suggestions about how to improve the Platform. | + | 1.9 Changes to the Platform. We are always trying |
- | 1.12 Marks | + | 1.10 Platform Withdrawal |
- | 1.13 Restrictions. You must not: | + | 1.11 Feedback. We welcome your feedback and suggestions about how to improve the Platform. You grant us a perpetual, irrevocable, |
- | 1.13.1 except as may be allowed by any applicable law which is incapable of exclusion: | + | 1.12 Marks and Logos. You are not permitted |
- | (a) attempt | + | |
- | (b) attempt to de-compile reverse compile, disassemble, | + | |
- | 1.13.2 access all or any part of the Platform in order to build a product or service which competes with the Platform; | + | 1.13 |
- | 1.13.3 use the Platform to provide services | + | 1.13.1 except as may be allowed by any applicable law which is incapable of exclusion: |
+ | (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform | ||
+ | (b) attempt | ||
- | 1.13.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, | + | 1.13.2 access all or any part of the Platform |
- | 1.13.5 attempt | + | 1.13.3 use the Platform to provide services |
- | 1.13.6 introduce, or permit the introduction of, any viruses, trojans, worms, logic bombs or other material that is malicious | + | 1.13.4 license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, |
- | 1.13.7 attempt to gain unauthorised access to the Platform, the server on which the Platform is stored | + | 1.13.5 |
- | 1.13.8 attack | + | 1.13.6 introduce, or permit |
- | 1.14 Criminal Offence. By breaching section | + | 1.13.7 attempt |
- | ==== 2 YOUR CONTENT ==== | + | 1.13.8 |
- | 2.1 Your Content. The Platform enables you to add posts (including questions and answers to other users’ questions), texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the Platform will be referred to collectively as “Your Content”. You acknowledge and agree that, as part of using the Platform, Your Content may be viewed by other users of the Platform. | + | 1.14 Criminal Offence. By breaching section 1.13, you would commit |
- | 2.2 Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below. | + | |
- | 2.3 License and Permission to Use Your Content. | + | |
- | 2.3.1 By submitting, posting, or displaying Your Content on the Platform, you grant: | + | |
- | (a) us and our respective affiliated companies and personnel, a perpetual, irrevocable, | + | |
- | (b) any other users of the Platform a perpetual, non-exclusive, worldwide, royalty free, fully paid up, transferable, | + | |
- | 2.3.2 You acknowledge and agree that we may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public. | + | |
- | 2.3.3 You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time. | + | |
- | 2.3.4 You further give us the permission and authority to act as your nonexclusive agent to take enforcement action (or not to take any such action) against any unauthorized | + | |
- | 2.3.5 You agree that we may analyse Your Content and data collected from the Platform to create aggregated and in some cases anonymised derivative works (“Insights”), | + | |
- | 2.3.6 By posting Your Content on the Platform, you represent and warrant to us that: | + | |
- | (a) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under these Terms; and | + | |
- | (b) posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. | + | |
- | You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate any applicable terms or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content. | + | |
- | === 3 OUR CONTENT | + | ====== 2 YOUR CONTENT |
- | 3.1 Our Content | + | 2.1 Your Content. |
- | 3.2 Platform Data. All data that we collect about use of the Platform (“Data”) by you or others is owned by us or our affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials. | + | |
- | 3.3 License. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Platform in connection with your use of the Platform, subject to the Terms. We may terminate our license to you at any time for any reason. | + | |
- | 3.4 Refusal of Content. We have the right but not the obligation to refuse to distribute any content on the Platform or to remove content. Except for the rights and license granted in these Terms, we reserve all other rights | + | |
- | 3.5 Third party content. Please note that the Platform contains access | + | |
- | 3.6 Third Party Links. Where the Platform | + | |
- | 3.7 Content | + | |
- | == 4 RULES ABOUT LINKING TO THE PLATFORM == | + | 2.2 Ownership. You, or your licensors, as applicable, retain ownership |
- | + | ||
- | 4.1 Standards and Reputation. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation | + | |
- | 4.2 Link Requirements. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not misrepresent your relationship with us nor present any other false information about us. The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page. | + | |
- | 4.3 Link Permissions. If you wish to link to or make any use of content on the Platform other than that set out above please contact | + | |
- | == 5 PROFESSIONAL CONTRIBUTORS == | + | 2.3 License and Permission to Use Your Content. |
- | 5.1 Legal and Other Professional Contributors. Some users who post content are members of legal and other licensed professions | + | 2.3.1 By submitting, posting, or displaying Your Content on the Platform, you grant: |
- | == | + | (a) us and our respective affiliated companies |
- | 6 NO GUARANTEE IN RELATION TO VIRUSES AND CONTENT BACK UP == | + | (b) any other users of the Platform |
- | 6.1 Viruses. We do not guarantee that the Platform will be free from any viruses or malicious software. You are responsible for configuring your information technology, computer programmes | + | 2.3.2 You acknowledge |
- | 6.2 Content Backups. Neither | + | |
- | === 7 Reporting Violations === | + | 2.3.3 You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time. |
- | 7.1 IP Infringement. If you believe any content on the Platform infringes | + | 2.3.4 You further give us the permission and authority to act as your nonexclusive agent to take enforcement action (or not to take any such action) against any unauthorized use by third parties of any of Your Content outside of the Platform |
- | 7.2 Deletion | + | |
- | 7.3 Requests. We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law. | + | |
- | 8 DISCLAIMERS AND LIMITATION OF LIABILITY | + | |
- | 8.1 IN THIS SECTION “SENATE ENTITIES” MEANS SENATE HOLDINGS LIMITED AND ANY SUBSIDIARIES, | + | |
- | 8.2 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SENATE ENTITIES TO YOU. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. | + | |
- | 8.3 NO WARRANTIES. WE PROVIDE THE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SENATE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, | + | |
- | 8.4 NO LIABILITY FOR CONTENT OR THIRD PARTIES. THE SENATE ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; | + | |
- | 8.5 EXCLUDED LIABILITIES. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SENATE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SENATE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, | + | |
- | 8.6 SOLE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. | + | |
- | 8.7 CAPPED LIABILITY. WITHOUT LIMITING THE FOREGOING, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PLATFORM OR THE SENATE TERMS IS LIMITED TO £100. | + | |
- | 8.8 UNLIMITED LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. | + | |
- | 8.9 APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART TO THE EXTENT REQUIRED BY APPLICABLE LAW. | + | |
- | == 9 INDEMNIFICATION == | + | 2.3.5 You agree that we may analyse Your Content and data collected from the Platform to create aggregated and in some cases anonymised derivative works (“Insights”), |
- | 9.1 Indemnification. You agree to defend us, indemnify us and hold us harmless against claims, actions, proceedings, | + | 2.3.6 By posting |
- | 9.1.1 your use of the Platform; | + | |
- | 9.1.2 Your Content; | + | |
- | 9.1.3 your conduct or interactions with other users of the Platform; or | + | |
- | 9.1.4 your breach of any part of these Terms. | + | |
- | 9.2 Conduct of Claims. Where you indemnify and defend us in accordance with section 9.1 above, we will promptly notify | + | |
- | == 10 GENERAL TERMS == | + | (a) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under these Terms; and (b) posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. |
- | 10.1 Changes to these Terms. We may amend any aspect of the Senate Terms (including any policies, such as the Privacy Policy or Acceptable Use Policy that are incorporated into the Senate Terms) at any time, in our sole discretion. If we amend material terms, such amendment will be effective after we make the amended agreement available to you. Such notice will be in our sole discretion, and the manner of notification could include, | + | You accept full responsibility |
- | 10.2 Dispute Resolution and Governing Law and Jurisdiction. The parties shall first attempt to resolve any dispute arising out of or in relation to the use of the Platform or the Senate Terms through negotiations between their appointed representatives who have the authority to settle disputes. In the event such problem is not resolved within a reasonable time frame of such escalation, the parties may pursue any other rights | + | |
- | 10.3 Survival. The following provisions will survive expiration or termination of this Agreement: 1.11 (Feedback), Section 2 (Your Content), Section 3 (Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), | + | |
- | 10.4 Electronic Communications. You consent to receive communications from us by email in accordance with the Senate Terms and applicable law. You acknowledge and agree that all agreements, notices, disclosures | + | |
- | 10.5 Notices. All notices permitted or required under the Senate Terms, unless expressly specified otherwise, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you to support@senatesense.com. Notices will be deemed given: (a) if to you, when emailed, and (b) if to us, on confirmed receipt by us. | + | |
- | + | ===== 3 OUR CONTENT AND MATERIALS AND DATA ===== | |
- | == THE SENATE – ACCEPTABLE USE POLICY | + | |
+ | 3.1 Our Content and Materials. All intellectual property in or related to the Platform (excluding Your Content) (collectively “Our Content and Materials”) is owned by us, our affiliates or our licensors. Content posted by other users of the Platform may belong to them but be licensed to us according to and under these Terms. | ||
- | This acceptable | + | 3.2 Platform Data. All data that we collect about use of the Platform |
- | By using the Platform, | + | 3.3 License. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available |
- | If you have any queries about this Acceptable Use Policy, please contact us at support@senatesense.com. | + | 3.4 Refusal of Content. We have the right but not the obligation to refuse to distribute |
- | == CHANGES TO THIS ACCEPTABLE USE POLICY == | + | 3.5 Third party content. Please note that the Platform contains access to third-party content, products and services, and it offers interactions with third parties. References or access to third-party content on the Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, |
+ | 3.6 Third Party Links. Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. | ||
- | We amend the terms of this Acceptable Use Policy from time to time. Every time you wish to use the Platform, | + | 3.7 Content Ownership. With the sole exception |
- | This policy was most recently updated on 4 May 2021. | + | ===== 4 RULES ABOUT LINKING TO THE PLATFORM |
- | == | + | |
- | PROHIBITED USES == | + | 4.1 Standards and Reputation. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy and must not contain content that is distasteful, |
+ | 4.2 Link Requirements. You must not establish a link in such a way as to suggest any form of association, | ||
- | You may use the Platform | + | 4.3 Link Permissions. If you wish to link to or make any use of content on the Platform |
- | • in any way that breaches any applicable local, national or international law or regulation; | + | ===== 5 PROFESSIONAL CONTRIBUTORS ===== |
- | • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; | + | |
- | • for the purpose of harming or attempting to harm minors in any way; | + | |
- | • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out this Acceptable Use Policy; | + | |
- | • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or | + | |
- | • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. | + | |
- | You also agree not to: | + | |
- | • reproduce, | + | |
- | • access without authority, interfere with, damage or disrupt: | + | |
- | any part of the Platform; any equipment or network on which the Platform is stored; any software used in the provision of the Platform; or any equipment or network or software owned or used by any third party. | + | |
- | == INTERACTIVE SERVICES == | + | 5.1 Legal and Other Professional Contributors. Some users who post content are members of legal and other licensed professions (collectively, |
+ | ===== 6 NO GUARANTEE IN RELATION TO VIRUSES AND CONTENT BACK UP ===== | ||
- | We may from time to time provide interactive services on the Platform, including, without limitation Chat rooms or Bulletin boards. | + | 6.1 Viruses. |
- | Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated | + | 6.2 Content Backups. Neither |
- | We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Senate Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Senate Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. | + | ===== 7 REPORTING VIOLATIONS ===== |
- | The use of any of our interactive services are not intended minors. | + | 7.1 IP Infringement. If you believe |
- | Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern | + | 7.2 Deletion |
- | == CONTENT STANDARDS == | + | 7.3 Requests. We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law. |
+ | ===== 8 DISCLAIMERS AND LIMITATION OF LIABILITY ===== | ||
- | These content standards apply to any and all material which you upload, post, contribute or otherwise make available to/on the Platform (“User Content”), and to any interactive services associated with it. | + | 8.1 IN THIS SECTION |
- | The content standards must be complied with in spirit as well as to the letter. The contant standards apply to each part of any User Content as well as to its whole. | + | 8.2 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SENATE ENTITIES TO YOU. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. |
- | We will determine, in our discretion, whether any User Content breaches the content standards. | + | 8.3 NO WARRANTIES. WE PROVIDE THE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SENATE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, |
- | All Uploaded Content must: | + | 8.4 NO LIABILITY FOR CONTENT OR THIRD PARTIES. THE SENATE ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; |
+ | |||
+ | 8.5 EXCLUDED LIABILITIES. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SENATE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SENATE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, | ||
+ | |||
+ | 8.6 SOLE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. | ||
+ | |||
+ | 8.7 CAPPED LIABILITY. WITHOUT LIMITING THE FOREGOING, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PLATFORM OR THE SENATE TERMS IS LIMITED TO £100. | ||
+ | |||
+ | 8.8 UNLIMITED LIABILITY. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. | ||
+ | |||
+ | 8.9 APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART TO THE EXTENT REQUIRED BY APPLICABLE LAW. | ||
+ | |||
+ | ===== 9 INDEMNIFICATION ===== | ||
+ | |||
+ | 9.1 Indemnification. You agree to defend us, indemnify us and hold us harmless against claims, actions, proceedings, | ||
- | • be accurate (where it states facts); | + | 9.1.1 your use of the Platform; |
- | • be genuinely held (where it states opinions); and | + | |
- | • comply with the law applicable in England and Wales and in any country from which it is posted. | + | |
- | Uploaded Content must not: | + | |
- | • be defamatory of any person; | + | 9.1.2 Your Content; |
- | • be obscene, offensive, hateful or inflammatory; | + | |
- | • promote sexually explicit material; | + | |
- | • promote violence; | + | |
- | • promote discrimination based on race, sex, religion, nationality, | + | |
- | • infringe any intellectual property rights (including copyright, database right or trade marks) or any other rights of any other person; | + | |
- | • be likely to deceive any person; | + | |
- | • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; | + | |
- | • promote any illegal activity; | + | |
- | • be in contempt of court; | + | |
- | • be threatening, | + | |
- | • be likely to harass, upset, embarrass, alarm or annoy any other person; | + | |
- | • impersonate any person, or misrepresent your identity or affiliation with any person; | + | |
- | • give the impression that the Uploaded | + | |
- | • advocate, | + | |
- | • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or | + | |
- | • contain any advertising or promote any services or web links to other sites. | + | |
- | == BREACH OF THIS ACCEPTABLE USE POLICY == | + | 9.1.3 your conduct or interactions with other users of the Platform; or |
+ | 9.1.4 your breach of any part of these Terms. | ||
- | When we consider that a breach | + | 9.2 Conduct |
+ | Where you indemnify and defend us in accordance with section 9.1 above, we will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter. | ||
- | Failure to comply with this Acceptable Use Policy constitutes a material breach of the Senate Terms upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions: | + | ===== 10 GENERAL TERMS ===== |
- | • immediate, | + | 10.1 Changes |
- | • immediate, | + | |
- | • issue of a warning to you; | + | |
- | • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, | + | |
- | • further legal action against you; and/or | + | |
- | • disclosure of such information to law enforcement authorities | + | |
- | If we reasonably suspect that you have breached this Acceptable Use Policy, you shall permit | + | |
- | We exclude our liability for all action we may take in response | + | 10.2 Dispute Resolution and Governing Law and Jurisdiction. The parties shall first attempt to resolve any dispute arising out of or in relation |
- | == | + | |
- | GOVERNING LAW AND JURISDICTION == | + | |
+ | 10.3 Survival. The following provisions will survive expiration or termination of this Agreement: 1.11 (Feedback), Section 2 (Your Content), Section 3 (Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), | ||
- | The terms of this Acceptable Use Policy shall be governed | + | 10.4 Electronic Communications. You consent to receive communications from us by email in accordance with the Senate Terms and applicable |
+ | 10.5 Notices. All notices permitted or required under the Senate Terms, unless expressly specified otherwise, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you to support@senatesense.com. Notices will be deemed given: (a) if to you, when emailed, and (b) if to us, on confirmed receipt by us. | ||
+ | ===== Acceptable Use Policy ===== | ||
+ | Please read our [[public: | ||