This page states the Terms and Conditions under which you may use the web site located under the imense.co.uk and imense.com domains (the "Web Site").
Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site.
Imense Limited, referred to as "Imense" throughout, may review these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. Continued use of the Web Site constitutes your agreement to all such revised Terms and Conditions of Use.
1.1 Imense authorises you to view and download a single copy of the information on the Web Site solely for your personal, non-commercial use. Special rules may apply to other terms provided on the Web Site. Any such special rules are listed as "Policies" on the Web Site and are incorporated into this Agreement by reference.
1.2 Except where expressly stated otherwise, all information contained on the Web Site is owned by or licensed to Imense. The information and content contained on the Web Site, such as text, graphics, software, images and other such material ("Material"), are protected by (without limitation) copyright, database rights, registered designs, unregistered design rights, registered trade marks, passing-off rights or rights protected under unfair competition laws, all of which may be protected under both English and foreign laws ("Intellectual Property Rights") Unauthorised use of the Material may violate Imense's Intellectual Property Rights. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
1.3 You undertake that you will:
1.3.1 only view and use the Web Site for your own purpose and you may not sell, publish or modify the Material or reproduce, display, publicly, perform, distribute, store, retransmit or otherwise use the Material in any way for any public or commercial purpose;
1.3.3 not use the Web Site nor the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights);
1.3.4 not use the Web Site nor the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of Imense;
1.3.5 not send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;
1.3.6 not cause annoyance, inconvenience or needless anxiety to, or breach the rights of any other person;
1.3.7 not perform any illegal activity;
1.3.8 not receive, use, possess, post, transmit or publish obscene material;
1.3.9 not upload, post, publish or transmit any Material which is protected by copyright or other Intellectual Property Right without the prior written consent of its owner;
1.3.10 not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
1.3.11 not gain unauthorised access to our Web Site, the server on which our Web Site is stored or any server, computer or database connected to our Web Site; or
1.3.12 not attack our site via a denial-of-service attack or to distribute a denial-of service attack.
1.4 You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Web Site or any Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify any Material or create derivative works of any Material. You also may not onward transmit or distribute any Material electronically or via the Internet.
1.5 The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
1.6 If you violate any of these Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
2.1 The Material may contain inaccuracies or typographical errors. Imense makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Web Site and the Material.
2.2 The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
2.3 Imense has no obligation to maintain any Material, products and/or services available at any time through the Web Site.
2.4 Imense does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses and other harmful goods. If your use of the Web Site or the Material results in the need for servicing or replacing equipment or data, Imense is not responsible for those costs.
2.5 The Web Site and Material are provided on an "as is" basis without any warranties of any kind. Imense and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for particular purpose. Imense and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, services, software text, graphics and links.
2.6 In no event will Imense be liable in any way (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses sustained and arising out of or in connection with use of this Online Services including, without limitation any increased costs or expenses, loss of profit, business, contracts, data, revenues (whether direct or indirect) or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Online Services or of any error or defect in either or of the performance non-performance or delayed performance by us.
2.7 Our total aggregate liability for any loss or damage arising out of, or in connection with use of the Web Site, Material or Online Services will not exceed the actual payment received by us from you for the Online Services.
2.8 Imense does not attempt to exclude or limit its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
2.9 Imense will not be liable for loss or delay due to any circumstances outside its reasonable control
2.10 All implied warranties are hereby excluded to the extent permitted by law
3.1 The Web Site may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Imense of the contents on such third party websites.
3.2 Imense is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
4.1 You agree to defend, indemnify and hold harmless Imense, its partners from time to time being, its employees and agents, from and against any claims, liabilities, damages, costs, actions or demands, including without limitation reasonable legal and accounting costs, alleging or resulting from your use or misuse of the Material, the Web Site or the Online Services or your breach of these Terms and Conditions of Use.
4.2 Imense shall provide notice to you promptly of any such claim, suit or proceeding.
Imense shall, at any time, have the right to terminate these Terms and Conditions of Use (and your use of the Web Site) immediately and without notice to you.
6.2 Without prejudice to the foregoing, you will ensure that personal data provided by you to Imense will not result in any breach of the Data Protection Act 1998 and all re-enactments thereof and subsequent amendments thereto.
7.1 It is our policy to respond to clear notices of alleged copyright infringement. The form of notice suggested below is consistent with the form suggested by the United States Digital Millennium Copyright Act but we will respond to notices of this form from other jurisdictions as well.
7.2 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that Materials on the Web Site infringe your copyright, you (or your agent) may send Imense a notice requesting that the Material be removed or access to it blocked. The notice must include the following information:
7.3 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Imense a counter-notice. To file a counter notification with us you must provide a written communication (by fax or regular mail) that includes:
7.4 Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to this Web Site should be sent in writing to: Copyright Notices, Imense Ltd, Salisbury House, Station Rd, Cambridge, CB2 1LA. This information is for guidance only and does not constitute legal advice. Imense strongly suggests that you consult your legal adviser before filing a notice or counter-notice as there can be penalties (including costs and legal fees) for false claims under the DMCA.
8.1 The Web Site is based in England and Wales.
8.2 Imense makes no claims that the Materials are appropriate. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of England you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
8.3 The construction, validity and performance of these Terms and Conditions of Use shall be governed in all respects by English law, and the Parties agree to submit to the exclusive jurisdiction of the English courts.
8.4 If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
8.5 No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
8.6 Except as expressly provided in a particular Policy or material on particular web pages of the Web Site, these Terms and Conditions of Use constitute the entire agreement between you and Imense with respect to use of the Web Site.
8.7 Throughout these Terms and Conditions of Use the singular includes the plural and any one gender includes all other genders.
8.8 Any changes must be made in writing, signed by an authorised representative of Imense.