Terms & Conditions

Welcome to immersiv.ly

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF WEBSITE USE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website at <immersivly.com> (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site and any services and content offered by us on or through our site. References to “content” includes text and literary works of all kinds, photographs and other images, graphic works, film, video, musical works, sound recordings, broadcasts, performances and any other material available on or through our site.

Please read these terms of use carefully before you start to use our site or register for any of our services, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to:-

(a)       our Privacy Policy;

(b)       our Cookies Policy; and

(c)       our Acceptable Use Policy

all of which also apply to your use of our site.

Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all personal and other data provided by you is accurate.

Our Cookies Policy sets out how we use cookies on our site. By using our site, you agree to the use of such cookies in accordance with our Cookies Policy.

Our Acceptable Use Policy sets out permitted and prohibited uses of our site and content standards which you must abide by in relation to any User Content (as defined further below in these terms of use), in addition to anything already contained in these terms of use. Your use of our site is conditional upon your compliance with the Acceptable Use Policy.

INFORMATION ABOUT US

www.immersivly.com is a site operated by Immersivly Ltd (“We“). We are a private limited company registered in England and Wales under company number 09002859 and have our registered office at 3 Bank Cottages, Teeton, Northampton, NN6 8LL. Our VAT number is 193 8900 71.

CHANGES TO THESE TERMS OF USE

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we have made, as they are binding on you. This means that if you do not agree to the modified terms you must stop using our site.

These terms of use are Version 1.02 and were most recently updated on 20 May 2018.

Previous versions of the terms of use can be found here.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content and services at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

YOUNG PERSONS

Our site is directed to persons who are 13 years old or over. We will never knowingly collect personally identifiable information from any person under the age of 13. By accessing our site or any of our services you warrant that you are at least 13 years old.

Registration for certain services on our site may be subject to separate minimum age restrictions. In any case no information or User Content should be posted to or on our site by anyone under 16.

ACCESSING OUR SITE

We reserve the right to restrict access to all or part of our site and services to registered users. We may from time to time offer different levels of registration which provide different rights of access and use of and interaction with our site. For example, depending on the level of your registration, you may or may not be able to post comments or share discussions relating to content on our site.

Access to some services may also be subject to payment of additional fees and agreement of additional service terms and conditions.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted nor we do we guarantee that any services for which we do not currently make a charge will always be free to access and use. We reserve the right at any time without notice to limit access including (a) by requiring registration for a specific account with us and/or (b) by making access and use conditional upon payment of additional fees or other consideration; and/or (c) by agreement to additional service terms and conditions.

Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site including all broadband and other charges incurred in connection to and using our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security or registration procedures in order to use our site or any part of it, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@immersivly.com.

INTELLECTUAL PROPERTY AND YOUR RIGHTS TO USE OUR SITE

With the exception of User Content (as defined further below in these terms of use) we are the owner or licensee of all copyright, trade marks and other intellectual property rights in our site, and in the content and material published by us on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by the respective rights owners.

We grant you permission to access and use our site and content for personal, private and non-commercial purposes only. Your rights of access and use are further subject to the conditions set out below.

1. You may not copy, reproduce, distribute, sell, communicate to the public, broadcast, perform, display or otherwise exploit in any manner any part of our site including any content without our express written permission. For the avoidance of doubt, we give permission for you to share content on our site by clicking on the ‘social media buttons’ on our site for Twitter®, Facebook®, Google®, LinkedIn® or e-mail, provided that you share only the link that is generated by clicking on the relevant button. In addition, we give permission for those registered users who are granted the necessary rights as part of their registration to post comments and share discussions relating to content on our site by clicking on the ‘Share’ button on our site for Twitter® or Facebook®. We may suspend, withdraw, limit or modify such permission at any time for any reason without notice.
2. You may not alter or modify any part of our site or content.
3. You will access and view the content on our site only through the playback media provided within our site itself or using such other means of playback as we may have expressly authorised for such purpose.
4. Your right of access to our content shall be limited to the viewing or streaming of such content. “Streaming” means the contemporaneous transmission of data (typically sound recordings or other multimedia content) via the internet to a user’s device which can receive such transmission via the internet with a view to the data being viewed or played back by the user in real-time. This term is distinguished from and excludes any process whereby data can be downloaded or otherwise copied, reproduced, stored or redistributed by the user.

Any use of our site or content other than as expressly set out in this terms of use is strictly prohibited and may violate copyright and other applicable laws. It may also constitute a criminal offence.

Any licence granted to you by us under these terms of use is revocable at any time for any reason.

All moral rights of the respective authors of any content are hereby expressly asserted.

INTELLECTUAL PROPERTY NOTICE AND TAKEDOWN

We respect the intellectual property rights of others. If you believe that your intellectual property has been used by us in a way that gives rise to infringement concerns, please contact us via info@immersivly.com giving the following details: your name, your email address, the page you were on, full details of the intellectual property rights you claim are owned by you and details of your complaint.

UPLOADING CONTENT TO OUR SITE

In these terms of use including our Acceptable Use Policy, “User Content” means all content including opinions, comments, blogs, articles and other contributions (including your image, likeness, biography and any username) that you post, upload, publish, reproduce, transmit, share, link, store or otherwise make available (“post“) on or via our site or in connection with the use of any our services, or transmit to or share with other users and third parties.

Whenever you make use of a feature that allows you to upload User Content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that all User Content complies with these standards and that you have the legal right under all applicable laws to post any User Content on or through our site or in connection with any services provided by us, or to transmit to or share such User Content with other users of the Site and third parties. You will be liable to us and you shall indemnify us upon our demand for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, but you grant us and other users of the services the licences described in the next paragraph (Rights you license).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or is defamatory.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

We are under no obligation to keep secure or to store any User Content for any period of time and we have no liability to you for any loss, damage, cost or expense incurred by you as a result of the loss or deletion of any User Content.

The views expressed by other users on our site do not represent our views or values.

RIGHTS YOU LICENSE

When you upload or post any User Content to our site, you automatically grant us an irrevocable, payment-free, worldwide, transferable, non-exclusive licence (with the right to grant sub-licences) to use, store make copies of, reproduce, display, communicate to the public, perform, edit, modify, translate, disclose, broadcast, distribute, format and otherwise exploit in any manner we choose all or any part of the User Content without restriction or limitation of any kind. The licence shall last for the full period of copyright and other legal protection for the rights licensed.

Where the service on our site on which you post User Content permits other users to access, use and/or share that User Content as part of our service then you also irrevocably grant all other uses of the service the non-exclusive right and licence without territorial restriction and without any payment or other obligation to you of any kind to use, reproduce, display, communicate to the public, perform, edit, modify, translate, disclose, broadcast, share and otherwise distribute your User Content on or through the service.

You also agree, to the maximum extent permitted by applicable law, to irrevocably waive, and agree not to assert against us or our licensees and assigns, any so-called “moral rights” that you may have in any User Content including any right or right of attribution or right to object to derogatory treatment.

Please also note that you must ensure that all User Content does not infringe any copyright, database right, trade mark or other intellectual property or other right of any other person. By posting any User Content, you are warranting that you have the right to grant us the licences described above.

If you are not in a position to grant such a licence to us, please do not post the User Content.

INTERACTIVE SERVICES

We may from time to time provide interactive services to users of our site which may include, for example, chat rooms, forums, inter-user messaging and comments functions, like/dislike function buttons.

You accept that we may but are not obliged to review our site and without any prior notice to you we may delete or remove from our site any User Content in our discretion including any User Content which we consider in our sole discretion breaches these terms of use or our Acceptable Use Policy.

We reserve the right to moderate the use of any interactive services but are under no obligation to monitor or moderate any interactive services provided on our site nor are we obliged to pre-screen or pre-approve any User Content which may be posted.

If you are offended by any content including user content please refer to our complaints procedure in our Acceptable Use Policy.

We cannot guarantee that you will not encounter content which you consider offensive or possibly in violation of applicable law and to the fullest extent we are permitted under applicable law we disclaim liability for any delay in removing or failure to remove any such content.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page except to the extent that such a link is created when you share content on our site where you are permitted by these terms of use by clicking on the ‘social media buttons’ on our site for social media networks including Twitter®, Facebook®, Google®, LinkedIn® or e-mail, or share a discussion relating to content on our site by clicking on the ‘Share’ button on our site for Twitter®, Google®, Facebook® or any other social media network we may provide for.

We reserve the right to withdraw linking or sharing permissions without notice.

If you wish to make any use of content on our site other than that set out above, please contact editorial@immersivly.com.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

APPLICABLE LAW AND DISPUTE RESOLUTION

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, subject to the following sentence. If you are a consumer and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.

CONTACT US

To contact us, please email info@immersivly.com.

Thank you for visiting our site.

Version: 1.2. Last modified: 20 May 2018