Innovation, Education, Communication
Innovation, Education, Communication

Terms and Conditions

Last Updated: 6th July 2009

This web site is owned and operated by iSensa Limited (“iSensa”, “we” or “us”), a company incorporated in England and Wales under company number 06796586 with a registered address at: 8 Rathen Road, Didsbury, Manchester M20 4GH.

By using this web site (“Site”), you agree to comply with the following terms and conditions ( “Terms”). These Terms are a legally binding agreement between you and iSensa.

You must be of legal age to form a binding agreement with iSensa.  If you are under 16 years of age, you must get your parent or legal guardian to agree to these Terms.

If you breach these Terms, iSensa reserves the right to block your future access to the Site or take other appropriate action. iSensa has the final say over what represents a violation of these Terms and our decision is final.

iSensa reserves the right, at our sole discretion, to change, modify, add to, or delete portions of these Terms at any time and without further notice. If we do this, we will publish the revised Terms on this page and will indicate the date these terms were last revised at the top of this page. Changes and/or modifications shall become immediately after posting on the Site (”Effective Change Date”). Your continued use of this Site after the Effective Change Date constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site.

It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.

iSensa reserve the right to suspend or end operations or access to the Site, or any portion thereof, when we deem it appropriate.

Registration Data & Account Security

You may be asked to register in order to use certain facilities on this Site.  iSensa is not obliged to accept a request for registration and reserves the right to suspend or terminate access by registered users at any time for any reason.  If you register to use this Site you agree:

(a) to provide accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (“Registration Data”);

 (b) to maintain the security of your password and identification and ensure they are not used by any other person;

(c) to maintain and promptly update the Registration Data, and any other information you provide to iSensa, and to keep the Registration Data accurate, current and complete;

(d) to be fully responsible for all use of your account and for any actions that take place using your account; and

(e) not to engage in any fraudulent behaviour, including the operation of multiple user accounts.

User Generated Content

You are solely responsible for the photos, graphics, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site (“User Content”.

You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post.

You understand and agree that iSensa may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including posts that in the sole judgment of iSensa violates these Terms, or which might be offensive, illegal, or may violate the rights of, or harm, or threaten the safety of others.

For the sake of clarity, users may not post, distribute, or otherwise make available or transmit any data, text, message, code, images or computer files that we deem to be:

  • Commercial activity: sales or marketing of any kind including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes;
  • Disrespectful: including but not limited to bigoted, hateful, homophobic, racially offensive, defamatory, abusive, harassing, insulting, threatening, vulgar, obscene, violent, sexually explicit or paedophilic content. Any content that advocates disrespectful behaviour as defined herein;
  • Destructive: including but not limited to spam, viruses, time bombs, trojan horses, cancelbots, worms or other harmful or damaging material;
  • Disruptive: including but not limited to flaming, spamming, flooding, trolling, and griefing;
  • Exploitive: material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • Extraneous: statements that do not generally pertain to the designated topic or theme of any discussion.
  • Fraudulent: impersonation of any person or entity or misrepresentation of your identity or affiliation with any person or entity;
  • Hacking: an attempt to gain unauthorised access or exceed the scope of authorized access to the website; or unauthorized interception of the data stream coming from or going into the Site
  • Instructional information about illegal topics: such as making or buying weapons, violating someone’s privacy, or providing or creating computer viruses;
  • Inappropriate links: URLs that point to material that is inappropriate for this website, contains content that would be prohibited on this website, or violates the letter or spirit of these terms.
  • Interfering: with another user’s use and enjoyment of the website or any other individual’s use and enjoyment of similar services;
  • Personal information of another person: disclosure of another person’s personal data, such as,  his or her name, email address, physical address, date of birth, passwords or phone numbers. You may not post videos, photographs, or images of another person aged 18 or older without his or her express written consent or of any minor (regardless of whether you have their consent);
  • Soliciting gambling: or engaging in any gambling activity;
  • Unlawful: in breach of any right of a third party or any domestic or international law, rule, or regulation (including, but not limited to, copyright, intellectual property rights, rights of privacy or confidentiality);

When you post User Content to the Site, you authorise  us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to iSensa an irrevocable, perpetual, non-exclusive, transferable, royalty-free,  fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

By posting User Content to this Site you warrant that you have (and will continue to have for as long as the User Content is on the Site) the necessary licence, right, consent and/or permission to submit the User Content to the Site and the submission of the User Content will not infringe any third party proprietary rights.

It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site, and that the recipient may use such information to harass or injure you. iSensa abhors such unauthorized use but by using the Site you acknowledge and agree that iSensa is not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.

User Disputes

You are solely responsible for your interactions with other users. iSensa reserves the right, but has no obligation to monitor communications and any disputes between you and other users.

Site availability

This Site is provided free of charge and iSensa makes no guarantee that it will be uninterrupted or error free.  iSensa reserves the right to modify, suspend or withdraw the whole or any part of the Site or any of its content at any time without notice and without incurring any liability which could result in the suspension or cancellation of user accounts.

Links from this Site

iSensa may, from time to time, provide links from this Site to websites that are owned and controlled by third parties.  These links are provided only for your convenience and we have no control over and will have no liability in respect of those websites.

Linking to this Site

You are allowed to establish a link to the home page of this Site from any other website, intranet or extranet site.

Monitoring

iSensa may monitor activity and content on this Site and may take any action we consider appropriate if we suspect you may be in breach of these Terms including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.

Security

iSensa employs security technology as detailed in our Privacy Policy however, Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information your send to us from this Site may be intercepted and potentially ready by others.  iSensa will have no liability in respect of any transmissions you send to us and you do so entirely at your own risk.

Ownership of Site and Site content

This Site and the information, materials and software on it, or provided to you through it, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to iSensa and/or third parties.  You are authorised to display the information or materials on this Site on a computer screen and, save for restricted access documents, to download and print a hard copy for your personal non-commercial use provided you do not alter or remove any of the content or any part of the site without our express written permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.  Other than as specifically mentioned above, distribution or reproduction of part or all of the content of this Site in any form, including framing, creating any derivative works based on this Site or its content, incorporation into other websites, electronic retrieval systems or publications is prohibited.

 Except for the limited permission set out above, nothing on this website should be construed as granting any other right or licence.

In the event that you do not comply with the above restrictions, any person affected by your actions may bring a claim against you and/or iSensa. If this occurs, iSensa will pursue a claim against you for any losses and costs (including legal costs) we may suffer as a result of your actions.

Creative Submissions/Communications

iSensa does not accept or consider ideas other than those iSensa has specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by iSensa or its agents might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the ‘Information’), the Information shall be deemed and shall remain the property of iSensa.  None of the Information shall be subject to any obligation of confidence on the part of iSensa and iSensa shall not be liable for any use or disclosure of any Information. iSensa shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, worldwide and without compensation to the provider of the Information.

Right of disclosure in exceptional circumstances

You understand that iSensa has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Posts made by iSensa employees

Our employees may from time to time express their personal views/opinions in the “Community” area of the Site. Please note that these opinions are their own personal comments and do not necessarily reflect the position of iSensa.

Privacy

We care about the privacy of our users. Please refer to iSensa’s Privacy Policy for more information about how we protect your data.

Disclaimer

Although iSensa provides rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

 YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK.

iSensa does not warrant or represent that the information or material on this Site is accurate, complete or current or that the Site will be free of defects or viruses.  iSensa does not endorse any content posted by users or vouch for its legitimacy.

If you are dissatisfied with any of the materials or content contained in this Site, or with and of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER iSENSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE EVEN IF iSENSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Nothing in these Terms shall affect your statutory rights or exclude or limit our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence.

Indemnification

You agree to indemnify, defend and hold harmless, iSensa, it affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Sites from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these Term by you. iSensa reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with iSensa in asserting any available defences.

If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms, and the remaining portions shall remain in full force and effect.

Third party rights

Nothing in these Terms is intended to nor shall it confer a benefit on any third party under the Contract (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms has no rights to enforce them.

Waiver

No delay or decision not to enforce rights under these Terms will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach 

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to this Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.