Our registered office is at Buxton Court, 3 West Way, Botley, Oxford, OX2 0SZ
Registered users of the Website (i.e. those persons that have created an account and registered with the Website) are collectively "Users" and individually a "User".
Please read these Terms carefully.
Your use of the Website shall be deemed your acceptance of the Terms regardless of whether or not you choose to register with us. If you do not accept the Terms, do not use the Website.
1. Introduction 1.1 Use of the Website (or specific parts or features of it) will also be subject to such other guidelines or rules as we may post on the Website from time to time ("Guidelines"). All such Guidelines form part of and are incorporated by reference into these Terms. 1.2 We may revise these Terms (including the Guidelines) at any time by updating or replacing them. Users will be notified by email of any material change to the Terms.
2. Ownership 2.1 The Website is owned and operated by us. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website (including photographs and graphical images) are owned by us or our licensors. 2.2 Users shall retain the copyright in all materials that they from time to time post or transmit to the Website ("User-Generated Content"). By submitting the User-Generated Content you grant: 2.2.1 us an irrevocable, perpetual, non-exclusive, assignable, royalty free licence to display, reproduce, publish, use, translate, create derivative works from, distribute, edit and modify your User-Generated Content (in whole or part) by any and all means throughout the world; and
4. All other Users an irrevocable, perpetual, non-exclusive licence to display, reproduce, use, edit or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality and/or for their own private, non-commercial research or study. Please note that in posting User-Generated Content it will be publically available and its use by others cannot be controlled. 2.3 All trade marks (including the Proxisense logo) used on the Website are owned by us or used with permission of their owner. You may not use or reproduce any of those trade marks without our or the relevant owner's prior written agreement.
5. User-Generated Content and Posting Rules 3.1 In posting material to the Website,. 3.2 You are prohibited from posting or transmitting to or from the Website any material that breaches the Posting Rules. Any such material is Inappropriate User-Generated Content. 3.3 Please note that we will co-operate with any law enforcement authorities or court order requesting or directing us to disclose or identify or locate anyone posting any Inappropriate User-Generated Content. 3.4 All forums on the Website are moderated and we may, in our absolute discretion remove or edit any User-Generated Content without liability to any User. User posts will not go live on the Website until they have been moderated. 3.5 You may only use or reproduce User-Generated Content posted by a User for criticism, comment or review (for example, in the context of responding to comments posted on the Website) and/or for your own private, non-commercial research or study. 3.6 We shall not have any liability to you or any other person for any loss or damage suffered as a result of you or that person relying on or acting upon the content of any User-Generated Content such as any instructions contained in that User-Generated Content. 3.7 You must ensure that you retain a copy of all User-Generated Content posted to or transmitted via the Website and we shall have no liability to you in the event of the loss or corruption of that User Generated Content or if User-Generated Content transmitted via the Website does not for any reason reach the intended recipient. 3.8 You agree not, at any time, to disclose any personal contact information of any User.
6. Prohibited use of the website 4.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent. 4.2 You agree that you will not: 4.2.1 use the Website for any purpose that is unlawful or prohibited by these Terms;
7. 4.2.2 use the Website in such a manner as would, in our sole discretion, cause harm to the Website or Users or otherwise interfere with the enjoyment of the Website by others;
8. 4.2.3 attempt to gain access to the Website or any part of it or to any User data through hacking, password mining or any other means; or
9. 4.2.4 interfere or attempt to interfere with the proper working of the Website.
12. 6.2.2 you do not in any way imply that we are endorsing any products or services other than our own;
13. 6.2.3 you do not misrepresent your relationship with us nor present any other false information about us;
14. 6.2.4 you do not otherwise use the Proxisense logo displayed on the Website without our express written permission;
15. 6.2.5 you do not link from a website that you do not have the necessary authority or permission to link from; and
16. 6.2.6 the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any of our or anyone else's intellectual property or other rights or otherwise does not comply with all applicable laws and regulations.
17. 6.3 We reserve the right to revoke the right granted in clause 6.2 for breach of the Terms and to take any action we deems appropriate.
18. Registration 7.1 Any one may view the Website but certain areas of the Website and/or features are only available to Users. Only persons aged 14 and over may register as a User. 7.2 Each registration is for a single User only. Following registration, you must not share your password with any other person. 7.3 We reserve the right, in our absolute discretion and without liability to the applicable User, to suspend, impose restrictions on and/or terminate a User's account and access to the Website as a registered user. 7.4 A User's access to the Website may be suspended, subject to the imposition of restrictions and/or terminated in the event that the User breaches any of the Terms.
19. Service access 8.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. 8.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
20. Disclosure and Liability 9.1 We do not warrant the accuracy and completeness of any of the content of the Website and any and all such content may be changed at any time without notice. Please note that material on the Website may be out of date, and we make no commitment to update such material. 9.2 The content of the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including conditions implied by law) which, but for these Terms, might have effect in relation to the Website and its content are expressly excluded. Specifically, we do not represent or warrant that the Website or its content will be free of defects, including viruses or other harmful elements. 9.3 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website and/or its moderation), and our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. 9.4 Nothing in these Terms shall exclude or limit our liability for: 9.4.1 death or personal injury; or
21. 9.4.2 fraud; or
22. 9.4.3 misrepresentation as to a fundamental matter; or
23. 9.4.4 any liability which cannot be excluded or limited under applicable law.
24. 9.5 If your use of the Website and/or any material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be solely responsible for all costs of the same.
25. Interpretation The words "include", "including", "such as" and "for example" shall not have a restrictive meaning and shall be read as if followed by the words "but without limitation".
26. Contacting Us If you have any questions about the Terms and/or how they apply to you, please email: firstname.lastname@example.org
27. Indemnity Without limiting any of our rights or remedies, you agree to indemnify us for any loss or damage that may be incurred by us, including legal fees, arising from your use of the Website, the posting of any material to the Website or its transmission via the Website, your linking to the Website, your breach of any provision of the Terms, your use of any information obtained through the Website and/or otherwise as a result of you accessing the Website or any third party content accessed via any link from the Website.
28. Severability If any provision of the Terms shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining provisions shall still remain valid and continue in full force and effect.
29. Governing law and jurisdiction These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
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