Website and App Terms & Conditions of Use
1.1. sensibleobject.com and/or beastsofbalance.com (together the “Website”) is a website and online store owned and operated by Sensible Object Ltd, a company registered in England and Wales under company number 08845212 and with our registered office at Sensible Object, Vault 9, Makerversity, Strand, London, WC2R 1LA, England (“Sensible Object”, “we”, “us” or “our”).
1.2. Our mobile application software “BEASTS OF BALANCE”, includes the data supplied with the software, and any associated media (the “App”).
2. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
2.1. You can use the Website solely for browsing and making purchases of our products. Purchases of products through the Website are subject to our E-Commerce Terms and Conditions, which are available here: beastsofbalance.com/store-terms-conditions/.
2.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Website and the App belong to and vest in us, or are licensed to us.
2.4. The “BEASTS OF BALANCE” logo is a trade mark belonging to us. We give no permission for the use of this trade mark and such use may constitute an infringement of our rights.
2.5. All third party trade names and trade marks are the property of their respective owners and we make no warranty or representation in relation to them.
3. RESTRICTIONS AND OBLIGATIONS
3.2. You will not:
3.2.1. hack, modify, reverse engineer or create derivative works of the Website or the App or any part of them;
3.2.2. gain unauthorised access to any part of the Website or the App;
3.2.3. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Website or contained in the App;
3.2.4. create software which replicates or mimics the data or functionality in the Website or App;
3.2.5. use your access to the Website or App for the sending of direct marketing;
3.2.7. copy or exploit any part of the Website or App or the content they contain (except where we expressly permit you to do so);
3.2.8. use the Website or App or any part of them unfairly or for any illegal or immoral purpose; or
3.2.9. attempt to do any of the acts listed above.
4.1. The Website and the App enable the display of your own or third party content (“User Content”) without review or moderation. The Website and App are each therefore merely a conduit of User Content.
4.2. The views expressed in any User Content are the views of the individual authors and not those of us unless specified otherwise by us.
4.3. We disclaim all liability in respect of any comments, views or remarks expressed in any User Content.
4.4. By using the Website or the App you acknowledge that we have no responsibility to review the content of any User Content and that all User Content is made available on the basis that we are not required to exercise any control or judgement over User Content.
4.5. If you submit data, messages, audio, video, textual or other content through the Website or the App such as through a discussion forum or otherwise then:
4.5.1. you grant us a sub-licensable, perpetual, irrevocable, non-exclusive licence to use and make available any User Content which you submit, worldwide in connection with the Website; and
4.5.2. you agree to comply with our User Content Guidelines as set out in Schedule 1.
4.6. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING THE WEBSITE AND/OR THE APP YOU ACCEPT THAT YOU USE THE WEBSITE AND/OR APP AT YOUR OWN RISK.
5.1. We provide and maintain the Website and the App on an “as is” basis and are liable only to provide our services with reasonable skill and care.
5.2. The App has been developed to work on the latest version of Android and iOS at the time of its release. Apple, Google and other Android vendors may from time to time update their software, and we will endeavour, but shall not be obligated, to update the App if applicable to ensure that its functionality and performance continues with updates. It is your obligation to ensure that you are using the latest public release of iOS or Android.
5.3. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website or the App link.
5.4. Save for any warranties offered in respect of products which you purchase from us, in accordance with our E-Commerce Terms available here[A1] , [A2] and without affecting your local consumer rights, we give no other warranty in connection with the Website or the App. To the maximum extent permitted by law, we exclude liability for:
5.4.1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss arising from your use of the Website or App whether or not that loss arises out of something of which we have been made aware;
5.4.2. the accuracy, currency or validity of information and material contained within any User Content, the Website, or the App;
5.4.3. any interruptions to or delays in updating the Website or the App;
5.4.4. any incorrect or inaccurate information on the Website or the App;
5.4.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the App;
5.4.6. the availability, quality, content or nature of External Sites;
5.4.7. any transaction taking place on External Sites;
5.4.8. any transaction with a third party retailer taking place on the Website or via the App;
5.4.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, Device, software, data or other property caused by any other person accessing, using or downloading the Website, the App or any part of them, or any User Content; and
5.4.10.all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
5.5. We do not warrant that the operation of the Website or the App will be uninterrupted or error free.
5.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
5.8. The exclusions and limitations of liability in this clause shall not limit or exclude your rights to compensation or repair of your Device to the extent that damage to your Device or other digital content which you own is caused by the App as a result of our failure to use reasonable care and skill.
5.9. You agree not to use the Website or App in any way which is:
5.9.2. may give rise to civil or criminal liability for us; or
5.9.3. which might call us into disrepute.
6. TERMS REQUIRED BY APPLE
The following terms of this section 6 are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the App on the iOS platform:
6.3. Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
6.4. Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
6.5. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
6.6. Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
6.8. Third Party Terms of Agreement: We may use third party software and services provided by (amongst others) Facebook, Instagram, Snapchat, Youtube and Twitter with the App. Use of the App is therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App.
8.3. Failure to enforce any term does not constitute a waiver of that term.
8.5. The Website and the App are intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Website or the App complies with the laws of any other country.
8.8. All questions, comments or enquiries should be directed to us. We will try to respond to within 48 hours.
SENSIBLE OBJECT LIMITED
Company Number 08845212
LONDON WC2R 1LA
1. USER CONTENT GUIDELINES
1.1 You agree and undertake that you will not post, communicate, transmit or make available to or through the Website or App any User Content, statement, material, communication or other content which:
1.1.1 is unlawful or which gives rise to civil or criminal liability;
1.1.2 infringes the intellectual property rights of any third party;
1.1.3 is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
1.1.4 is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
1.1.5 harasses any person;
1.1.6 may be deemed a marketing or commercial communication or promotes the products or services of any person;
1.1.7 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
1.1.8 solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
1.2 You further agree that in any activity you undertake during or in relation to the Website or App you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website or App into disrepute.
1.3 You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website and App Terms and Conditions of Use.
1.4 If you discover User Content which you believe contravenes these Website and App Terms and Conditions of Use or is otherwise objectionable please notify us at firstname.lastname@example.org.