What does this policy cover?
This policy explains the terms which apply to users of any web sites operated by, or on behalf, of SeeChange Technologies Limited (together “SeeChange Website”). SeeChange Technologies Limited, a company registered in England and Wales with company number 12843779 (“We/Us/Our”). Registered office address: 45 Newton Street, Manchester, M1 1FT, United Kingdom. SeeChange Technologies Limited is a private limited company.
These terms and conditions of use incorporate the following additional terms and conditions and policies:
By using an SeeChange Website, you consent and agree to be bound by and abide by these Terms and Conditions of Use (“Terms”).
You may register for an account on the SeeChange Website (an “Account”) and must do so in accordance with the following terms:
- You must not provide any false information when creating an Account or create an Account for anyone else without their permission.
- You must provide a valid email address.
- You must be at least 18 years old to register an Account.
- You must keep your password confidential and not disclose it to anyone else or let anyone else use your Account on your behalf.
- You must not assign or transfer your Account to another person or third party.
- Any activity completed through your Account will be deemed to have been completed by you.
- You are responsible for the security of your Account. SeeChange is not liable for any loss or damage arising from your failure to keep your Account secure. You will notify SeeChange immediately if your Account information is lost, stolen, or otherwise compromised.
Your Use of the SeeChange Website
You agree to use the SeeChange Website only for lawful purposes and in accordance with these Terms and any applicable licenses provided with content. For example, you will not use the SeeChange Website in a way or provide content to the SeeChange Website that:
- infringes, misappropriates or violates any third party intellectual property rights;
- attempts to gain unauthorised access to the SeeChange Website, the server on which the SeeChange Website is stored or any server, computer or database connected to the SeeChange Website;
- attempts to or does modify, adapt, or hack the service or modify another website so as to falsely imply that it is associated with the SeeChange Website, SeeChange, or any other SeeChange product or service;
- generates or facilitates sending unsolicited email;
- is defamatory, harmful to minors, or pornographic;
- contains hate-related or violent content;
- contains or distributes any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information; or
- violates or encourages conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
We reserve the right to temporarily or permanently suspend, disable, or limit your access to the SeeChange Website or remove content. We may report any illegal act to the relevant law enforcement authorities.
All intellectual property rights (including copyright) in the look and feel of the SeeChange Website are owned by SeeChange Technologies Limited (or its affiliates). All intellectual property rights (including copyright) in the content of the SeeChange Website are owned by SeeChange Technologies Limited or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the SeeChange Website without our express written permission.
When using the SeeChange Website, you may be able to access or download certain content, such as source code, binary code, and documentation, provided by: a) SeeChange (“Our Content“); or b) other Account holders or third party providers (“Third Party Content“).
Any such SeeChange Content or Third Party Content is governed by the license that accompanies it. By using or downloading any SeeChange Content or Third Party Content, you agree to the applicable license. It is your responsibility to ensure you have proper permission for your use of the content. If you are unclear as to what license applies to any content, it is recommended that you ask the author of the content. We grant you permission to download the information on to a computer and to make one hard copy of the information for reference purposes only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or remove the copyright notice from any such copies, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Any of the material on the SeeChange Website may be out of date or include omissions, inaccuracies or other errors at any given time, and we are under no obligation to update such material. Commentary and other materials posted on the SeeChange Website site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the SeeChange Website, or by anyone who may be informed of any of its contents.
Your Content and Feedback
You may upload or otherwise provide certain content such as source code, binary code, documentation, or forum posts to the SeeChange Website via your Account (“Your Content“). You are responsible for keeping your own backups of any material uploaded or otherwise provided to the SeeChange Website. You represent and warrant that you have the right to provide Your Content to SeeChange, the SeeChange Website and its users. You retain ownership of Your Content. It’s your responsibility to make clear the license under which you are providing Your Content.
By providing Your Content to the SeeChange Website, you hereby grant to SeeChange a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish Your Content to the extent necessary to operate the SeeChange Website.
If you close your Account, Your Content which has been made public will remain accessible on the SeeChange Website.
We would like you to provide any suggestions, comments, feedback, ideas, input or know-how you may have on improving the SeeChange Website (“Feedback“). You represent and warrant that any Feedback is not confidential and does not contain any proprietary information which you do not have the right to provide to SeeChange. You hereby grant to SeeChange a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, adapt, modify, and publish your Feedback.
If you use any of SeeChange trademarks then you must do so in accordance with the guidelines set out in the Trademarks section of this website. For the avoidance of doubt, you may not use any SeeChange logo without express prior permission from SeeChange. If you wish to use a SeeChange logo, please contact us.
Please contact SeeChange via the website if:
- you are a rights holder (or an authorized representative) and you wish to report to SeeChange any alleged infringement of your copyright or trademarks; or
- you wish to report any other unacceptable or inappropriate content, including without limitation any threatening or defamatory behaviour, any indecent, obscene, hateful or offensive material.
By notifying SeeChange of an alleged infringement you represent, under penalty of perjury that the information in the notification is accurate and that giving false, misleading or inaccurate information may result in civil or criminal liability.
Upon receipt, SeeChange will review your notification and decide whether or not further action will be required. Such action may include without limitation, editing or removing the relevant material. Please contact us if you wish to report any abuse of SeeChange intellectual property rights by a third party.
Our Liability and Warranties
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND US, SEECHANGE PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE UNDER THESE TERMS AND IN RESPECT OF THE SEECHANGE WEBSITE, ANY CONTENT PROVIDED ON THE SEECHANGE WEBSITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON THE SEECHANGE WEBSITE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SEECHANGE WEBSITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME ARE BEYOND SEECHANGE’S CONTROL AND MAY OCCUR FROM TIME TO TIME. ALL INFORMATION PROVIDED DIRECTLY ON THE SEECHANGE WEBSITE OR INDIRECTLY THROUGH THE SEECHANGE WEBSITE BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE SEECHANGE WEBSITE THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SEECHANGE WEBSITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS INCLUDING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH, THE SEECHANGE WEBSITE AND/OR ANY SERVICES PROVIDED ON THE SEECHANGE WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, UPDATES OR CORRECTIONS TO THE INFORMATION ON THE SEECHANGE WEBSITE AT ANY TIME WITHOUT NOTICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM LIABILITY OF SEECHANGE TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST SEECHANGE IN CONTRACT, TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE WEBSITE, YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE, ANY CONTENT PROVIDED ON THE SITE (INCLUDING THIRD PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON THE SITE, SHALL NOT EXCEED £100,000.
THIS STATEMENT DOES NOT AFFECT ATTEMPT TO EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to hold harmless and indemnify SeeChange from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or due to: (a) direct or indirect use of Your Content, including any claim of alleged infringement or misappropriation of third party rights; (b) your breach of any of the representations and warranties herein; or (c) your violation of any applicable law or regulation.
Information about you and your visits to the SeeChange Website
Transactions concluded through the SeeChange Website.
Contracts for the supply of goods, services or information formed through the SeeChange Website or as a result of visits made by you are governed by our terms and conditions notified to you during each individual transaction.
Links from the SeeChange Website
Where the SeeChange Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the third party sites and resources. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites, you do so at your own risk.
Specific Terms and Conditions on the SeeChange Website / Specific Product Practices
The following notices explain specific Terms and Conditions with respect to certain SeeChange products or services that you may use on the SeeChange Website.
Changes to the SeeChange Website
Access to the SeeChange Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the information we provide on the SeeChange Website without notice. We will not be liable if for any reason the SeeChange Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the SeeChange Website, including, to users who have registered an Account with us.
SeeChange Commitment to Compliance with Export Controls and Sanctions
It is SeeChange policy to operate in strict compliance with all applicable export controls, sanctions laws and regulations, applicable customs requirements, and related reporting requirements.
As a SeeChange customer, partner, employee, contractor, or other entity doing business with SeeChange, receiving or using SeeChange products and technologies, or using the SeeChange Website, You must adhere to the applicable export and customs laws and regulations. Failure to comply is a serious offense and could result in civil or criminal charges and penalties, as well as significant reputational harm and loss of export privileges.
We cannot guarantee that the SeeChange Website will be free from viruses or other harmful material so please update your computer’s virus protection software regularly.
The provisions contained in each clause and sub-clause of these Terms and Conditions of Use shall be enforceable independently of each of the others and if a provision of these Terms and Conditions of Use are, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of these Terms and Conditions of Use. If any of these provisions is so held to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
Except as expressly provided otherwise in a signed agreement between you and SeeChange, these Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.
Failure or delay to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of future enforcement of that or any other provision.
These Terms and Conditions of Use are governed by the laws of England and Wales.
In the event of any dispute arising out of or in connection with these Terms and Conditions of Use, the parties agree to submit to either the jurisdiction of the English courts or the jurisdiction of your country of residence’s Courts.
Copyright © 2023 SeeChange Technologies Limited. All rights reserved.
Changes to these Terms and Conditions of Use
We may revise these Terms and Conditions of Use at any time by amending this page, and where appropriate, by notification on the SeeChange Website. You should check this page from time to time to review any changes We have made. Some of the provisions contained in these Terms and Conditions of Use may also be superseded by provisions or notices published elsewhere on the SeeChange Website.
Thank you for visiting Our site.
Copyright © 6 September 2023 SeeChange Technologies Limited. All rights reserved.