1. Your relationship with InclusIQ
1.1 Your use of the InclusIQ website (the “Website”) and any InclusIQ products, channels, software, data feeds and services, provided to you on or from or through the Website by InclusIQ (collectively the “Service”) is subject to the terms of a legal agreement between you and InclusIQ. “InclusIQ” means InclusIQ LTD, whose registered address is at 17 Charles Street, Pittenweem, Scotland, KY10 2QQ, United Kingdom.
1.3 The Terms form a legally binding agreement between you and InclusIQ in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that InclusIQ will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with InclusIQ, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
3.1 InclusIQ reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the “Modified Terms”) will be posted at www.inclusiq.com or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. InclusIQ accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a InclusIQ account. When creating your account, you must provide accurate and complete information as requested by InclusIQ.
4.2 You must notify InclusIQ immediately of any breach of security or unauthorised use of your InclusIQ account that you become aware of.
4.3 You agree that you will be solely responsible (to InclusIQ, and to others) for all activity that occurs under your InclusIQ account.
5. General restrictions on use
5.1 InclusIQ hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
- you agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without InclusIQ’s prior written authorisation, unless InclusIQ makes available the means for such distribution through functionality offered by the Service;
- you agree not to alter or modify any part of the Website or any of the Service (including but not limited to the InclusIQ Game Engine and its related technologies);
- you agree not to access Content through any technology or means other than the video playback pages of the Website itself, the InclusIQ Game Engine, or such other means as InclusIQ may explicitly designate for this purpose;
- you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
- you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service
- you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include InclusIQ account names);
- you agree not to access Content or any reason other than your personal, use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by InclusIQ via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of InclusIQ or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms during your use of the Service.
5.3 InclusIQ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. InclusIQ reserves the right to revoke these exceptions either generally or in specific cases.
5.4 InclusIQ is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which InclusIQ provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that InclusIQ may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at InclusIQ’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform InclusIQ when you stop using the Service.
5.6 You agree that you are solely responsible for (and that InclusIQ has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which InclusIQ may suffer) of any such breach.
6. InclusIQ content
6.1 All Content on the Service is either owned by or licensed to InclusIQ, and is subject to copyright, trade mark rights, and other intellectual property rights of InclusIQ or InclusIQ’s licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of InclusIQ or, where applicable, InclusIQ’s licensors. InclusIQ and its licensors reserve all rights not expressly granted in and to their Content.
7. Links from InclusIQ
7.1 The Service may include hyperlinks to other web sites that are not owned or controlled by InclusIQ. InclusIQ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
7.2 You acknowledge and agree that InclusIQ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
7.3 You acknowledge and agree that InclusIQ is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
8. Ending your relationship with InclusIQ
8.1 The Terms will continue to apply until terminated by either you or InclusIQ as set out below.
8.2 If you want to terminate your legal agreement with InclusIQ, you may do so by (a) notifying InclusIQ at any time and (b) closing your InclusIQ account. Your notice should be sent, in writing, to InclusIQ’s address which is set out at the beginning of these Terms.
8.3 InclusIQ may at any time terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- InclusIQ is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
8.4 InclusIQ may terminate its legal agreement with you if:
- InclusIQ is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
- the provision of the Service to you by InclusIQ is, in InclusIQ’s opinion, no longer commercially viable and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
8.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and InclusIQ have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
9. Exclusion of Warranties
9.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
9.2 The Service is provided “as is” and InclusIQ makes no warranty or representation to you with respect to them.
9.3 In particular InclusIQ does not represent or warrant to you that:
- your use of the Service will meet your requirements,
- your use of the Service will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Service will be accurate or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
9.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
10. Limitation of Liability
10.1 Nothing in these Terms shall exclude or limit InclusIQ’s liability for losses which may not be lawfully excluded or limited by applicable law.
10.2 Subject to the overall provision in paragraph 13.1 above InclusIQ shall not be liable to you for:
- any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
- any changes which InclusIQ may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
- the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
- your failure to provide InclusIQ with accurate account information;
- your failure to keep your password or InclusIQ account details secure and confidential.
10.3 The limitations on InclusIQ’s liability to you in paragraph 13.2 above shall apply whether or not InclusIQ has been advised of or should have been aware of the possibility of any such losses arising.
11. General legal terms
11.1 The Terms constitute the legal agreement between you and InclusIQ and govern your use of the Service and completely replace any prior agreements between you and InclusIQ in relation to the Service.
11.2 You agree that InclusIQ may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
11.3 You agree that if InclusIQ does not exercise or enforce any legal right or remedy which is contained in the Terms (or which InclusIQ has the benefit of under any applicable law), this will not be taken to be a formal waiver of InclusIQ’s rights and that those rights or remedies will still be available to InclusIQ.
11.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.5 The Terms, and your relationship with InclusIQ under the Terms, shall be governed by Scottish law. You and InclusIQ agree to submit to the exclusive jurisdiction of the courts of Scotland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that InclusIQ shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.