AssertThat may at any time and without prior notice revise these Terms and any other information contained in this Plug-in. AssertThat may also make improvements or changes to the products, services, or programs described in this Plug-in at any time without notice. You shall be responsible for reviewing and becoming familiar with any such modifications, and your continued use of the Plug-in constitutes your acceptance of the revised Terms as modified.
General Use Rights and Restrictions
Subject to the Terms, AssertThat may provide certain services and content, as described more fully in the Plug-in, and which are selected by you through the process provided in the Plug-in (the “Services”). The Services shall include, but are not limited to, any services AssertThat performs for you, as well as the offering of any materials displayed or performed in the Plug-in, including but not limited to diagrams, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips (the "Content") in the Plug-in.
The Content provided as part of the Services is the sole responsibility of the person from which such content originated. AssertThat may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature, database, or content. AssertThat may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability.
All Services and Content, including information, documents, products, goods and software as provided in the Plug-in, were provided by or to AssertThat by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and may be protected by intellectual property rights. Except as stated herein, none of the Services and Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of AssertThat or the Third Party Provider. No part of the Plug-in, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of AssertThat. You also may not, without AssertThat’s prior express written permission, link to or "mirror" any Services or Content contained in this Plug-in on any other server. Any such permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded and printed Services and Content.
Nothing in this Plug-in shall be construed as conferring any license under any of AssertThat’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Any unauthorised use of any Services and Content contained in this Plug-in may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You will not use any robot, spider, scraper or other automated means to access the Plug-in for any purpose without the express written permission of AssertThat. Additionally, you agree that you will not:
take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Plug-in or any activities conducted in the Plug-in; or
bypass any measures AssertThat may use to prevent or restrict access to the Plug-in.
Third Party Content Disclaimer
Service and Content provided by Third Party Providers have not been independently authenticated in whole or in part by AssertThat. AssertThat does not provide, sell, license, or lease any of the Services or Content other than those specifically identified as being provided by AssertThat.
AssertThat is committed to respecting others’ intellectual property rights, and we ask you to do the same. AssertThat may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights.
Links to Third Party Sites and Plug-ins
This Plug-in may be linked to other plug-ins, sites and resources which are not under the control of and are not maintained by AssertThat. AssertThat is not responsible for the content of those plug-ins, sites or resources. AssertThat is providing these links to you only as a convenience, and the inclusion of any link to such plug-ins and sites does not imply endorsement by AssertThat of those plug-ins, sites or resources. You acknowledge and agree that AssertThat is not responsible for the availability of such external plug-ins, sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those plug-ins, sites or resources.
When you access a non-AssertThat plug-in or site, even one that may be linked to AssertThat or contain its logo, it is up to you to take precautions to protect yourself from any viruses and other potentially destructive programs, and to protect your information as you deem appropriate.
Software Use Restrictions
Any plugin or software that is made available to download from the Plug-in (the "Software") is the copyrighted work of AssertThat and/or Third Party Providers. Use of the Software is governed by these Terms. You will be unable to install any Software, unless you first agree to be bound by these Terms. Except as stated herein, any further copying, reproduction or redistribution of the Software is expressly prohibited.
Limited installation assistance, product support and maintenance, if any, of the Software is available from AssertThat and/or the Third Party Providers, as the case may be.
Software is warranted, if at all, in accordance with these Terms. Except as set forth herein, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.
AssertThat may, in its sole discretion, remove any Software or terminate the accounts or access rights of users who infringe or otherwise violate these Terms (including, but not limited to, upon receipt of claims or allegations of abuse from third parties or authorities). To report any abuse of these Terms, please email: firstname.lastname@example.org.
Unless otherwise explicitly stated, any information or documentation provided by you in connection with this Plug-in shall be deemed to be provided on a non-proprietary and non-confidential basis. AssertThat shall have no obligation of any kind with respect to such information or documentation and shall be free to use or disseminate it on an unrestricted basis for any purpose.
You acknowledge that you are responsible for the information and documentation that you submit, and you, not AssertThat, have full responsibility for it, including its legality, reliability, appropriateness, originality and copyright.
Disclaimer of Warranty
Unless otherwise explicitly stated, the Services, Content and Software available on and through the Plug-in are provided "as is", and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. AssertThat makes no representations, warranties, guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Services, Content and Software contained on or available through the Plug-in. Any questions regarding these should be directed to AssertThat or the Third Party Providers, as applicable.
You understand and agree that if you download or otherwise obtain the Services, Content and Software available on and through the Plug-in, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Limitation of Liability
AssertThat shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the Services, Content and Software available on and through the Plug-in. In no event shall AssertThat be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if AssertThat has been previously advised of the possibility of such damage.
You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Plug-in and will not make a claim against AssertThat for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Services, Content and Software.
You agree to hold AssertThat harmless from, and you covenant not to sue AssertThat for, any claims based on using the Plug-in.
Governing Law and Jurisdiction; Export Control
These Terms shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Diversion of the Services, Content and Software contrary to the law of England and Wales is prohibited. You agree that none of the Services, Content and Software, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the UK Government.
AssertThat controls and operates this Plug-in from England, and makes no representation that the Services, Content and Software are appropriate or available for use in other locations. If you use this Plug-in from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials found on this Plug-in are solely directed to individuals, companies or other entities located in the UK, Europe, the United States and Australia.
These Terms represent the entire understanding between the parties relating to the use of the Plug-in and supersede any prior or contemporaneous, conflicting or additional, communications, oral or written. AssertThat may revise these Terms at any time without notice by updating this posting.