- Acceptance of Terms and Description of Use
- Your use of talisaspire.com is subject to the current talisaspire.com Terms of Use (“TOU”) at the time of your ‘use’. talisaspire.com may update the TOU at any time without notice to you and please view the most current version of the TOU at “Terms of Use” hypertext link at the bottom of the talisaspire.com Web pages. ‘talisaspire.com’ means the services and the means by which the services are made available through talisaspire.com and its sub-domains, traded within Talis Education Limited. For the avoidance of doubt the TOU governs the relationship with the user of talisaspire.com as an individual and not on behalf of an organisation/institution.
- Content and Take Down
- Any content posted to talisaspire.com by you is known as ‘User Content’. All other content on talisaspire.com is known as ‘Site Content’.
It is a condition of your use of talisaspire.com and you represent and warrant that you:
- have legal rights to post, contribute or link to your User Content and the inclusion and use of the User Content will not violate any law or the rights of any person;
- are entirely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available in any way by or through talisaspire.com;and/or
- have the agreement of a person that is protected by privacy laws for such use in talisaspire.com;
- Further it is a condition of your use that talisaspire.com must not be used;
- to send or store infringing, obscene, threatening, libellous and/or material containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or programs;
- in violation of any law;
- to interfere with any other party’s use and enjoyment of talisaspire.com;
- in any way that imposes an unreasonable or disproportionately large load on infrastructure and/or deliberately degrades or disables talisaspire.com or any other computer system or to prevent or impede the delivery of any legitimate data; and/or
- to circumvent any usage or rate limits that may be placed on your use of talisaspire.com.
- talisaspire.com has no monitoring obligation but may review User Content and remove any materials in its sole discretion. talisaspire.com may disclose any information as talisaspire.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in talisaspire.com’s sole discretion.
- IPR
- Except as expressly licensed in the TOU you acknowledge and agree that talisaspire.com (or talisaspire.com’s licensors) own all legal right, title and interest in and to talisaspire.com and the Site Content including any intellectual property rights which subsist in talisaspire.com and the Site Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- talisaspire.com gives you a personal, worldwide, royalty free, non-assignable and non-exclusive license to use Site Content in the manner set out in the TOU and in the way envisaged by talisaspire.com.
- Except as expressly licensed in the TOU, talisaspire.com acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under the TOU in User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with talisaspire.com, you agree that you are responsible for protecting and enforcing those rights and that talisaspire.com has no obligation to do so on your behalf.
- By submitting User Content to talisaspire.com you grant talisaspire.com a perpetual, irrevocable, world-wide, royalty-free non-exclusive licence to that User Content.
- By granting another user permissions to access or update any of your User Content you grant to that user a non-exclusive, royalty-free, non-transferable license with no right to sub-license and to use within the features of talisaspire.com.
- Privacy and Acceptable Use Policy
- Personally-identifiable information about you that talisaspire.com may collect during your use is subject to the talisaspire.com Privacy Policy at http://community.talisaspire.com/privacy.
- Registration
- To access some features, resources or other portions of talisaspire.com, you may be asked to provide certain registration details or other information. You confirm in your registration that you are over the age of 13. If talisaspire.com believes the information you provide is not correct, current, or complete, talisaspire.com has the right to refuse you access, and to terminate or suspend your access at any time. You are solely responsible for the activity that occurs on your account, and you must keep all security information secure. Although talisaspire.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of talisaspire.com or others due to such unauthorized use.
- Copyright Policy
- You agree to set up a process to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”). talisaspire.com reserves the right to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of infringers.
- Third-Party Links
- talisaspire.com may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. talisaspire.com is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the TOU and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review carefully any terms or notices for each third party provider of sites, applications or content so that you understand all of the terms that will apply. By using talisaspire.com, you expressly relieve talisaspire.com from any and all liability arising from your use of any third-party sites, applications or content.
- Indemnity and Limitations
- The user will indemnify and hold talisaspire.com its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the user’s access to talisaspire.com, the violation of the TOU by the user, or the infringement by the user, or any third party using the user’s account, of any intellectual property or other right of any person or entity.
- In no event will talisaspire.com, its directors, officers, shareholders, employees or members be liable for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, content or other intangibles; (c) damages for unauthorized use, non-performance of talisaspire.com, errors or omissions; or (d) damages related to downloading or posting content. talisaspire.com’s total collective and aggregate liability is limited to any fees paid by you in the month previous to the date the claim arose or $50 whichever is the lower. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply in total to you.
- talisaspire.com is provided on an “as is” and “as-available” basis, with all faults and without any warranty or condition, express, implied or statutory. To the maximum extent permitted by applicable law, talisaspire.com and its suppliers disclaim all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- talisaspire.com gives no warranty that (a) using talisaspire.com will meet your requirements, (b) talisaspire will be uninterrupted, secure, timely, or error-free, (c) the results that may be obtained from the use of talisaspire.com will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through talisaspire.com will meet your expectations, or (e) any errors in talisaspire.com will be corrected. talisaspire.com makes no warranty that talisaspire.com will be uninterrupted, timely, secure or error-free.
- Your use of talisaspire.com is at your sole risk. Any material downloaded or otherwise obtained through the use of talisaspire.com is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- Modification and Termination of talisaspire.com
- talisaspire.com is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of talisaspire.com may change from time to time without prior notice to you. Changes to the form and nature of talisaspire.com will be effective with respect to all versions of talisaspire.com; examples of changes to the form and nature of talisaspire.com include introduction of fees and payment policies, security patches, added functionality, and other enhancements.
- You agree that talisaspire.com may for any or no reason, terminate your account or any part thereof. You agree that any termination of your access to talisaspire.com may be without prior notice, and you agree that talisaspire.com will not be liable to you or any third party for such termination.
- Miscellaneous
- The TOU (including the Privacy Policy), as modified from time to time, constitutes the entire agreement. The failure of either party to exercise in any respect any right will not be deemed a waiver of any further rights. talisaspire.com will not be liable for any failure to perform its obligations where such failure results from any cause beyond talisaspire.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable. talisaspire.com may assign its agreements in whole or in part at any time without consent. All and any claims, legal proceedings or litigation will be governed by the laws of England and the courts of England have exclusive jurisdiction and you waive any objection as to inconvenient forum.