- you are not of legal age to form a binding contract with us; or
- you are a person barred from receiving Palanteer under the laws of the country in which you are resident or from which you use Palanteer.
Palanteer is a piece of research work which constantly evolving. You acknowledge and agree that:
- the form and nature of Palanteer can change from time to time without prior notice to you; and
- we have the sole discretion to stop (permanently or temporarily) providing Palateer (or any features therein) to you, without prior notice to you.
You may stop using Palanteer at any time and need not specifically inform us when you stop using Palanteer.
By using Palanteer, you warrant and undertake to us that you will not :
- use (or attempt to use) Palanteer :
by any means other than through the interface that is provided by us, unless you have been specifically and expressly permitted to do so in writing by us; and/or
automated means of access (including but not limited to the use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on Palanteer;
- engage in any activity that interferes with or disrupts Palanteer;
- reproduce, duplicate, copy, sell, trade or resell Palanteer for any purpose.
By using Palanteer, you acknowledge and agree that certain data will be captured and logged and you hereby give your irrevocable consent to us to share such information with our affiliates and/or licensors. For avoidance of doubt, this paragraph shall survive any termination of this legal agreement.
You understand that all content and/or information (including but not limited to data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images); referred to below as the "Content", which you may have access to as part of, or through your use of Palanteer, are the sole responsibility of the person (or webpage) from which such Content originated.
You understand that by using Palanteer you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use Palanteer at your own risk.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using Palanteer and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to Palanteer, including any intellectual property rights which subsist in Palanteer (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that Palanteer may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Palanteer.
Unless you have been expressly authorized to do so in writing by us, you agree that in using Palanteer, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The Software which you use may automatically download and install updates from time to time from us. These updates are designed to improve, enhance and further develop Palanteer and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of Palanteer.
- By you notifying us in writing at any time, by sending a notice to us at firstname.lastname@example.org.
- By us, by cessation of the availability of Palanteer;
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF PALANTEER IS AT YOUR SOLE RISK AND THAT PALATEER IS PROVIDED "AS IS" AND "AS AVAILABLE." IN NO WAY DO WE (INCLUDING OUR AFFILIATES AND/OR LICENSORS), REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF PALANTEER WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF PALANTEER WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF PALANTEER WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF PARALTEER WILL BE CORRECTED.
ANY MATERIAL ACCESS AND/OR OBTAINED BY YOU THROUGH THE USE OF PALANTEER IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 23 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE (INCLUDING OUR AFFILIATES AND/OR LICENSORS) SHALL NOT BE LIABLE TO YOU FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SEARCH ENGINE, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE 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 PALANTEER;
- ANY CHANGES WHICH WE MAY MAKE TO PALANTEER, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF PALANTEER (OR ANY FEATURES WITHIN PALANTEER); AND/OR
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF PALANTEER.
OUR LIMITATIONS OF LIABILITY TO YOU AS MENTIONED ABOVE, SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Palanteer may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by companies or persons other than us.
You acknowledge and agree that :
- we are 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;
- we are 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; and
No failure or delay by us in exercising any right, power or privilege under this agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any subsequent exercise in law, in equity or otherwise.
Except as expressly set out in this legal agreement, a person who is not a party to this agreement, has no right under The Contracts (Rights of Third Parties) Act Cap 53B to enforce any term of this agreement.