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Terms of Use (End User Licence Agreement “EULA”)
Version: 1.0
Dated: 1 September 2022
IMPORTANT NOTICE: PLEASE READ THIS USER LICENCE AGREEMENT (EULA) CAREFULLY BEFORE ACCESSING OR USING THE SEN CONTENT
A.
We are Sen Corporation Limited a private limited company registered in England and Wales with registered number 06270642 and registered address at 1st Floor 33 Great Sutton Street, London, United Kingdom, EC1V 0DX.
B.
This EULA creates a legal agreement between you and us. It sets out how you may use Sen Content.
C.
Users who register can access Sen Content for free, via the Sen Platform or any other platform that we choose from time to time, on a view-only basis, including for the purposes of business intelligence and research. Additionally, all registered users can share Sen Content with other people through the Sharing Tools.
D.
If you want to use Sen Content for other purposes, whether free or for payment, you need to enter into a partnership user licence agreement (PULA). Please contact us if you wish to enter into a PULA with us.
E.
The PULA allows you to use our Premium Services which include downloading Videos for analysis on either a ‘Pay As You Go’ or subscription basis, tasking us to capture imagery of your area or event of interest, displaying Sen Content in public, or editing and sharing Sen Content for internal or external, commercial or non-commercial uses. You can only download videos from Sen with a PULA. Finally, the PULA identifies the Fees for the Premium Services including ‘Pay As You Go’ and subscription costs which apply to the Sen Content and the use purposes agreed with us in your PULA.
F.
Each PULA will incorporate the terms and provisions of this EULA.
G.
Please read these terms carefully. They explain important aspects of our relationship with you, such as:
•
The rights you have to access Sen Content and the Sen Platform;
•
The ways in which you may use the Sen Content; and
•
What commitments we give to our users, and what we don’t do.
H.
Owing to the nature of our services, we may need to restrict access to the Sen Content and Sen Platform. We reserve the right to refuse to register you as a user for any reason at our absolute discretion including but not limited to if, at our sole discretion we deem it to be necessary to meet our policies, regulations and lawful obligations.
BY CLICKING “ACCEPT”, AND/OR BY USING THE SEN PLATFORM TO ACCESS THE SEN CONTENT YOU ARE CONFIRMING TO US THAT YOU AGREE TO AND ACCEPT THE TERMS OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK “ACCEPT”.
1.
DEFINITIONS
1.1.
In this EULA, the following terms shall have the following meanings:
•
Augmented Reality means any textual and graphical information displayed on any Video or still picture including but not limited to information on location, population, events, names of places or events, speed, size, direction, object recognition, thermal, environmental or any other data displayed by us on our Videos and images.
•
Confidential Information means any and all information which is disclosed by one party to the other and which is provided, either directly or indirectly, in writing, orally or by inspection, and shall include information relation to the business of the other party, including customer lists, pricing, methodology, software, trade secrets, know how, and being any and all information which is specified as confidential or which a reasonably prudent person should know is expected to be treated as confidential. For the avoidance of doubt, our Confidential Information shall include the functioning of any source code in the Sen Platform.
•
Controller has the meaning given to it in the Data Protection Legislation.
•
Data Subject means any individual who can be identified from the User Personal Data.
•
Data Protection Legislation means the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the Data Protection Regulations), the General Data Protection Regulation (EU) 2016/679 (as applicable), the UK GDPR (as defined in the Data Protection Regulations) and any other applicable laws relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or a relevant central government body in relation to such laws.
•
EULA means these terms and conditions.
•
Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under this EULA (provided that an inability to pay is not Force Majeure), including any matters relating to transfer of data over public communications networks and any delays or problems associated with any such networks or with the internet.
•
Intellectual Property Rights means intellectual property rights, including patents, rights to inventions, copyright and related rights, trade-marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, design rights, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
•
Parties means us and you, and each one a party.
•
Personal Data shall have the meaning given to it in the Data Protection Legislation.
•
Relief Event means any breach of this EULA by you or any event of Force Majeure.
•
Sen Content means the images, frames, pixels and any other component of any image and in any format now or in the future developed, Videos, still pictures, Augmented Reality and any data, content and/or information which we provide to you from time to time via the Sen Platform.
•
Sen IPR means all Intellectual Property Rights owned by us in the Sen Content and the Sen Platform.
•
Sen Platform means any and all of the technology provided by us which enables you to access the Sen Content including the software application on the Apple App Store for Apple iOS devices or the Google Play store for Android devices, other versions of the app made for other operating systems including digital TV platforms that enable access to the Sen Content through a TV, our proprietary video streaming payload aboard our satellites and video cameras in space and all other forms of technology used by us to capture Sen Content the sen.com web site which hosts a web version of the app, such as API or SFTP as we may from time to time provide and any other technical means provided from time to time that enables you to access the Sen Content.
•
Sharing Tool means the tool provided by the Sen Platform to allow you to share the Sen Content with other people (and for the avoidance of doubt you agree and accept that your sharing may be subject to terms and conditions imposed by the licensor of the relevant social media application, in addition to the terms of this EULA).
•
Premium Service means a service purchased under a PULA including pay per download and subscription or other services we may introduce from time to time through a PULA.
•
Permitted Use means:
a.
If you have not entered into a PULA, the scope of use of the Sen Content permitted by the license at clause 2.1;
b.
If you have entered into a PULA, the scope of use of the Sen Content agreed in that PULA.;
•
PULA means a partnership user licence agreement containing the description of the scope of use and Premium Service that we may agree to provide to you.
•
Fees means the fees you agree to pay us under a PULA in consideration of us providing you with any of the Premium Services we agree to provide to you from time to time. The Fees may include a “Pay as You Go” fee per Video download, a “Subscription Fee” for frequent or larger download requirements or a “Pay Per Video” fee for tasking us to capture imagery specifically for you.
•
Video means the moving pictures captured by our video cameras in space including a video with Augmented Reality
•
User Personal Data has the meaning given in clause 8.1.
1.2.
In this EULA, unless expressly provided to the contrary, any references to clauses are references of the clauses of this EULA; words in the singular include the plural and in the plural include the singular; a reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it; and references to including and include(s) shall be deemed to mean respectively, including without limitation and include(s) without limitation.
2.
RIGHTS
2.1.
We grant you, for the duration and on the terms of this EULA, a non-exclusive, non-transferable, non-assignable and non-sublicenseable licence to access and (a) have view-only access to the Videos for your own personal and non-public use (which can include your own commercial purpose such as using the Sen Content to assist you in the decisions or operations of your business), and (b) share them with other people, provided that you only use the Sharing Tools to share the Videos.
2.2.
If you have entered into a PULA, the scope of use granted at clause 2.1 is extended to include the scope of use identified in your PULA, subject at all times to your compliance with the terms of this EULA (including the proper payment of any Fees payable by you).
3.
OBLIGATIONS
3.1.
In all circumstances you must comply with the terms of our Acceptable Use Policy. You can find the current version of this in the Acceptable Use Policy at the end of this EULA, but because we update the policy from time to time, you should always (and you acknowledge that it is your sole responsibility to) check for changes to the policy whenever you access the Sen Platform and the Sen Content.
3.2.
You undertake to us that you will, at all times:
3.2.1.
Where a PULA allows you to display Sen Content on a website or online or television (including a TV news programme) or any other form of media, ensure that each displayed piece of Sen Content is accompanied with the following credit, reasonably prominently displayed next to the clip: “© [year] Sen Corporation Ltd. Video and imagery reproduced solely by permission from Sen. Visit Sen at https://sen.com” or similar accreditation that may be required by us in your PULA.
3.2.2.
Not display publicly all or any part of the Sen Content unless you have entered into a PULA that permits you to do so. PULA.
And you agree that failure to comply with the obligations specified in clauses 3.2.1 and/or 3.2.2 shall entitle us to the remedies specified in paragraph 4.1 of the Acceptable Use Policy schedule.
4.
INTELLECTUAL PROPERTY RIGHTS
4.1.
Nothing in this EULA shall confer on you (or anyone else) any right, title or interest in Sen Content, the Sen Platform, and/or the Sen IPR other than the rights of use specifically set out herein. All present and future rights in and title to the Sen Content, the Sen Platform, and the Sen IPR (or any part thereof), including the right to grant access to any element of it via any present or future technology, are solely and exclusively reserved to us or our licensors. The Sen Platform, the Sen Content, and the Sen IPR have been developed by us, through substantial amounts of work, time and expense, including in the obtaining and presentation of content and information.
4.2.
If you pay to use the Sen Content, we agree to indemnify you and keep you indemnified against all and any costs, claims, liabilities, costs and expenses (including reasonable legal expenses) incurred by you as a direct result of a court determination that your use of the Sen IPR infringes the Intellectual Property Rights of a third party provided that you notify us immediately of the infringement claim, you allow us sole conduct of the claim and you provide us at our cost with all assistance reasonably required by us. We shall have no obligation to indemnify you if the claim arises in any way from your breach of any term of this EULA.
5.
FEES & PAYMENT TERMS
5.1.
This clause applies where you have agreed to pay Fees under the terms of a PULA.
5.2.
You undertake to pay the Fees in accordance with the basis described in your
5.3.
We reserve the right to increase the Fees provided that we give you at least one month’s written notice of any such increase. Continued use by you of the Sen Content under the terms of your PULA after the end of the one month notice period will be deemed acceptance of the notified fee increase.
5.4.
All Fees are payable by you without any deduction, whether by way of set-off, counterclaim, discount, abatement or otherwise.
5.5.
Unless otherwise expressly stated to the contrary, any Fees given or quoted will be exclusive of any VAT chargeable, which shall be payable by you.
5.6.
If any sum payable under this EULA is not paid within 30 days of the date due we reserve the right to: (a) charge interest from the date due for payment to the actual date of payment at the rate of 8% above the base rate of the Bank of England from time to time in force; and/or (b) suspend all further access to the Sen Content and the Sen Platform until payment has been made in full.
5.7.
You agree that we may charge to your credit card or other payment mechanism selected by you all amounts due and owing by way of Fees. If we are unable to collect the Fees owed by you through your selected payment mechanism, we reserve the right to take any other steps necessary to collect such Fees. You undertake to, and warrant that you will, repay us promptly on demand any and all costs actually, reasonably and directly incurred by us in the process of such collection (including collection fees, court costs and legal fees).
6.
LIMITATION OF LIABILITY
6.1.
All warranties, terms and conditions, whether oral or written, express or implied by statute, common law, or otherwise, including but not limited to any warranties, terms and conditions of fitness for purpose, description or quality, are to the fullest extent permitted by law hereby excluded. No content or information, whether oral or written, obtained by you from us or any of our affiliates, officials, employees, or personnel, or through or from the Sen Platform and/or the Sen Content shall create any warranty not expressly stated in this EULA. All such liability is excluded by us to the fullest extent permitted by law.
6.2.
Notwithstanding any other provision herein, neither party shall exclude or limit its liability to the other party for: (a) death or personal injury caused by its negligence; or (b) fraud, including fraudulent misrepresentation; or (c) any liability which cannot be excluded or limited by law.
6.3.
You acknowledge and agree that:
6.3.1.
Use of the Sen Platform and/or the Sen Content is at your own risk and that we cannot accept any responsibility for the acts and/or omissions of any third parties, including service providers and/or any other users of the Sen Platform and/or the Sen Content;
6.3.2.
The Sen Platform is offered “as is” and “as available”. We do not warrant that it will be compatible with your systems. It is your responsibility to ensure that you have the technological capability to access the Sen Platform and the Sen Content. We are not liable if you do not have the capability to access or use all of any parts of the Sen Platform and/or the Sen Content, or if the Sen Platform and/or the Sen Content provides inaccurate information or does not follow the technical guidelines. We take reasonable steps to protect our systems, the Sen Platform and the Sen Content against attacks and malware but we cannot guarantee that you will not be affected by viruses or other harmful or malicious code as a result of accessing or downloading from the Sen Platform and/or the Sen Content. Any material downloaded or otherwise obtained or accessed through the use of the Sen Platform (including Sen Content) is done at your own discretion and risk, and that you will be solely responsible for any damage, loss, or prejudice to your computer system or other device or loss of data that results from the download or access of any such material; and
6.3.3.
we have no liability to you for any use, misuse or loss of information and/or content by third parties, and/or any act or omission of any user or any third party provider, and/or for any element of the Sen Platform, the Sen Content and any associated technologies to the extent provided by a third party.
6.4.
You agree that we and our licensors shall not be liable to you for: (a) indirect, special, incidental or consequential loss or damage which may arise in respect of the Sen Platform and/or the Sen Content and/or their use or non-availability; (b) loss of profit, business revenue, goodwill and anticipated savings: (c) any trading or other losses which you may incur as a result of use of or reliance upon any content of the Sen Platform (including Sen Content); and/or(d) the deletion of, corruption of, or failure to store, any content of the Sen Platform (including Sen Content) and other communications data maintained or transmitted by or through your use of the Sen Platform.
6.5.
In order to make use of the Sen Platform and the Sen Content, you will need computer equipment, as well as a connection to the internet and you may need to download certain software. You acknowledge and agree that we are not liable for the acts and/or omissions of any third parties (including third party services and third party hardware), and that it is your responsibility to ensure that you have the necessary equipment and services in place to use the Sen Platform and the Sen Content.
6.6.
To the maximum extent authorised by law, we shall not be liable (under any legal theory, including negligence) for any breach, delay or default in the performance of our obligations to the extent the same (or the circumstances giving rise to the same) arises or was contributed to by any Relief Event.
6.7.
Subject to clause 6.2, our aggregate liability arising from or in connection with this EULA shall not exceed an amount equal to the Subscription Fees paid by you under this EULA in the 12 months preceding the date of the claim.
6.8.
You agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of the Sen Platform and that the exclusions and limitations contained in this clause 6 are reasonable given our respective commercial positions and ability to purchase relevant insurance in respect of risks under this EULA. If any remedy hereunder is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set forth in this EULA shall remain in full force and effect. You also undertake at all times to mitigate any such damage or loss.
7.
TERMINATION
7.1.
Without prejudice to any other rights or remedies to which we may be entitled:
7.1.1.
We may terminate this EULA without liability to you if: (a) you commit a material breach of any of the terms of this EULA and (if such a breach is remediable) fail to remedy that breach within 14 days of your being notified in writing of the breach; or (b)an order is made or a resolution is passed for your winding up, or if an order is made for the appointment of an administrator to manage your affairs, business and property, or if such an administrator is appointed or if documents are filed with the court for the appointment of an administrator or if notice of intention to appoint an administrator is given by you or your directors or by a qualifying charge holder, or if a receiver is appointed of any of your assets or undertaking or if circumstances arise which entitle the court or a creditor to appoint a receiver or manager or which entitle the court to make a winding-up order or if you take or suffer any similar or analogous action in consequence of debt; or (c) you cease, or threaten to cease, to trade;
7.1.2.
We may terminate this EULA without liability to you if you fail to pay any sum due to us under this EULA and such sum remains unpaid fourteen (14) days after its due date; and
7.1.3.
We may terminate this EULA with immediate effect if we, acting reasonably, believe that the continued provision of the Sen Platform and/or the Sen Content infringes and/or is likely to infringe any applicable law or binding regulatory provision.
7.2.
Where you:
7.2.1.
Have not entered into a PULA, both you and we can terminate this EULA immediately and without notice;
7.2.2.
Have entered into a PULA on a subscription basis, you may terminate this EULA immediately by written notice to us, but we may only terminate in accordance with clause 7.1 or by written notice to take effect at the end of the current subscription period for which you have paid.
7.3.
Upon the expiry or termination of this EULA:
7.3.1.
The licence granted at clause 2.1 terminates and the Sen Content and the Sen Platform shall no longer be accessible by you and, unless we have expressly agreed otherwise in a PULA, you must immediately destroy all Sen Content within your control (and, if we so request, promptly certify to us that you have done so);
7.3.2.
The provisions of clauses 4.1, 5, 6, 7, 8 and paragraph 1.13 of the Acceptable Use Policy shall survive termination of this EULA; and
7.3.3.
You shall immediately pay us all sums due at the date of termination under this EULA.
8.
DATA PROTECTION
8.1.
It is not intended that the Sen Content should capture any Personal Data. The only Personal Data relating to the Sen Platform is Personal Data which we collect about you and your use of the Sen Content and the Sen Platform (User Personal Data)which you provide us with for the purpose of entering into and facilitating this EULA and our obligations and rights hereunder.
8.2.
For the purposes of the Data Protection Legislation we will be acting as Controller in respect of our use of your User Personal Data, and will only use such data in accordance with our privacy policy. You can access the privacy policy on our website.
8.3.
Both you and we agree to comply with our obligations under the Data Protection Legislation in respect of any User Personal Data.
8.4.
By transferring the User Personal Data to us, you are representing and warranting to us that you have the lawful authority both (a) so to transfer and (b) for us to process such data in connection with the provision of the Sen Platform and in accordance with our rights as set out in this EULA.
9.
GENERAL
9.1.
You may not assign, sub-license, sub-contract, mortgage or otherwise transfer any of your rights or obligations under this EULA without our prior written consent.
9.2.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
9.3.
This EULA constitutes the entire agreement and understanding between the parties as to the subject matter hereof and supersedes all previous between the parties agreements relating to the subject matter hereof. Each party agrees that in entering into this EULA it does not rely on, and will have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this EULA or not) other than as expressly set out in this EULA. Nothing in this clause shall exclude or limit any liability for fraud.
9.4.
A person who is not a party to this EULA shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
9.5.
If any term, part or provision of this EULA is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable as being contrary to applicable law or public policy, such provision shall to the extent reasonably possible be construed in a manner so as to be enforceable and the remaining provisions hereof shall remain in full force and effect and in no way be affected, impaired or invalidated.
9.6.
Any amendment, waiver or variation of this EULA shall not be binding on the parties unless set out in writing and signed by or on behalf of each of the parties.
9.7.
Nothing in this Agreement shall be construed as creating a partnership or joint venture of any kind between you and us, or as constituting either you or us as the agent of the other party for any purpose whatsoever. In particular, but without limitation, you and we agree that the use of the term “partnership” in the term Partnership User Licence Agreement and/or PULA shall not be taken to refer to the creation or existence of any legal form of partnership between you and us.
10.
JURISDICTION
10.1.
This EULA shall be governed by and construed in accordance with the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English and Welsh courts to settle any disputes which may arise in connection.
ACCEPTABLE USE POLICY SCHEDULE
1.
ACCEPTABLE USE
1.1.
It is of fundamental importance to Sen that you only use the Sen Platform and any Sen Content for purposes which are peaceful and civil, not linked to military, defence or security use and which genuinely embody our value of “do no harm” to anyone or anything. You acknowledge and agree that observance of this condition by you is of critical importance to us, and that any breach by you of this condition may cause irreparable damage to our brand and goodwill. Accordingly, and irrespective of any other rights we may have under this EULA, you acknowledge that we may immediately terminate your access to any and all Sen Content and the Sen Platform where we in our sole and absolute discretion determine that you may have been or may be about to be in material breach of this obligation. In such an event you also undertake immediately to return to us all downloaded Sen Content in your control upon our request.
1.2.
You shall be solely responsible for your actions while using the Sen Platform and/or Sen Content. You shall:
1.2.1.
Not duplicate, maintain, translate, reverse-engineer, decompile, disassemble, adapt, modify or distribute any portion of or create any derivative work based on the Sen Platform and/or Sen Content (except as expressly permitted by applicable law);
1.2.2.
Not use the Sen Platform and/or Sen Content to provide software related services to third parties (including without limitation in the operation of a service bureau);
1.2.3.
Not attempt to obtain, or assist others in obtaining, unauthorised access to the Sen Platform and/or Sen Content;
1.2.4.
Not remove any proprietary notices from the Sen Platform and/or Sen Content;
1.2.5.
Abide by all local and international laws and regulations applicable to your use of the Sen Platform and/or Sen Content, including without limitation all laws regarding the transmission of data (whether technical, personal or otherwise) exported from the United Kingdom through the Sen Platform and/or Sen Content;
1.2.6.
Unless expressly permitted by the terms of a PULA, authorise any individual or entity to access the Sen Platform;
1.2.7.
Take any action that imposes, or is likely to impose, an unreasonable or disproportionately large load on the infrastructure used to host the Sen Content;
1.2.8.
Interfere or attempt to interfere with the proper working of the Sen Platform or any activities conducted via the Sen Platform;
1.2.9.
Bypass any measures we may use to prevent or restrict access to the Sen Platform;
1.2.10.
Attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code provided by us;
1.2.11.
Replicate or attempt to replicate in any way the look or the content of the Sen Platform;
1.2.12.
Create or attempt to create a competitor or alternative app, site or Sen Platform using Sen Content;
1.2.13.
Create or attempt to create a social media channel or web site or any form of online resource that republishes or replicates any Sen Content unless you have entered into a PULA that permits you to do so. Save as expressly permitted by a PULA (which may impose separate restrictions, including display time limits), Sen Content may ONLY be shared using the Sharing Tools;
1.2.14.
Engage in any activity that interferes with or disrupts the Sen Platform, or the servers and networks which are connected to the Sen Platform.
1.2.15.
In any circumstances use, nor allow anyone else to use, any automated software, process, programme, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software (whether or not the resulting information is being used for your internal purposes) in respect of the Sen Platform or any Sen Content, or allow access the Sen Platform to anyone else for the purposes of using any such technology.
1.3.
You undertake, warrant and represent to us that you will for the duration of your use of the Sen Platform and any Sen Content:
1.3.1.
Not upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Sen Platform and/or Sen Content or another’s computer;
1.3.2.
Not transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability;
1.3.3.
Comply with all regulations, policies and procedures of networks connected to the Sen Platform and/or Sen Content. You acknowledge and agree that we neither endorse the contents of any of your or any third party’s communications nor assume any responsibility for any threatening, libellous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby;
1.3.4.
Not store, upload, download, or use any material, images, data and/or information through the Sen Platform and/or Sen Content that:
1.3.4.1.
Is abusive, indecent, in breach of any law, regulation, code of practice or acceptable use policy;
1.3.4.2.
Is harmful, threatening, false, inaccurate, defamatory, obscene, or harassing;
1.3.4.3.
Is in breach of confidence, copyright or other intellectual property right, privacy or any other right of any third party;
1.3.4.4.
Is menacing or offensive (including whether racially or ethnically); or
1.3.4.5.
Facilitates illegal activity, or depicts sexually explicit images, or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;
1.3.5.
Not use the Sen Platform and/or Sen Content in any manner which in our sole opinion is or is likely to be detrimental to the provision of the Sen Platform and/or Sen Content, or to our business and/or reputation and/or any of our licensors;
1.3.6.
Not permit the collecting or using of information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, internet scamming, password robbery, spidering, and harvesting);
1.3.7.
Not permit the distribution of software that covertly gathers or transmits information about any person;
1.3.8.
Not permit the distribution of advertisement delivery software;
1.3.9.
Not permit any conduct that is likely to result in retaliation against our network or website, or our employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack;
1.3.10.
Not permit any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and internet protocol addresses;
1.3.11.
Not permit the interference with service to any user including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
1.3.12.
Not permit any action which directly or indirectly results in any of our internet protocol addresses being listed on any abuse database; and/or
1.3.13.
Not permit any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you and/or to us.
1.4.
You agree and acknowledge as reasonable that we may remove any content stored on the Sen Platform which in our opinion breaches the provisions of this EULA, in whole or in part, and without notice to you.
1.5.
We may suspend the provision of the Sen Platform and/or Sen Content without telling you and without liability if there is an attack on servers or other event for which we reasonably believe that the suspension of the Sen Platform and/or Sen Content is necessary to protect you, us, any user or the network; or if required by law or regulation, or as compelled by a law enforcement or government agency.
1.6.
You may be required to provide information (such as identification or contact details) as part of your use of the Sen Platform and/or Sen Content. You warrant that any registration information provided to us will always be accurate, correct and up to date. If any information is provided which is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse you any and all current or future use of the Sen Platform and/or Sen Content (or any portion thereof).
1.7.
You may not attempt to probe, scan, penetrate or test the vulnerability of the Sen Platform or to breach our security or authentication measures, whether by passive or intrusive techniques.
1.8.
You may not use the Sen Platform and/or Sen Content in a manner that infringes on or misappropriates the rights of a third party in any work protected by any form of Intellectual Property Right or other proprietary right.
1.9.
If we are legally required to permit any relevant authority to inspect your content or traffic, you agree that we may do so.
1.10.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
1.11.
You shall not use any shared system provided by us in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other users’ data that is stored on the same system.
1.12.
You are responsible for violations of this Acceptable Use Policy by anyone using the Sen Platform and/or Sen Content without permission or on an unauthorized basis as a result of your failure to use reasonable security precautions. Your use of the Sen Platform and/or Sen Content to assist another person in an activity that would violate this Acceptable Use Schedule if performed by you is a violation of the Acceptable Use Schedule.
1.13.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate access to the Sen Platform and/or Sen Content applies even if a breach is committed unintentionally or without your authorisation, including through a trojan horse or similar virus.
1.14.
It is your responsibility to ensure that any passwords and/or sign in details associated with your use of the Sen Platform are kept confidential at all times. As such, you acknowledge and agree that you will be responsible for any activities carried out using your sign in details. If your account is hacked, for example by someone who has obtained your sign in details through a third party data breach, then we may be able to provide options around recovering your account using your email and password reset.
1.15.
You acknowledge and agree that we may monitor your use of the Sen Platform. Where, in our sole opinion, we suspect a material breach of this Acceptable Use Schedule has occurred, we reserve the right to immediately suspend or terminate your access to the Sen Platform.
1.16.
You agree that we may collect and use for our own business purposes aggregate usage data relating to how users access and use the Sen Platform, provided that any such data does not include Personal Data.
1.17.
You acknowledge that we shall be entitled to modify the features and functionality of the Sen Platform. Your use of new features or functionality may be contingent on your agreement to additional terms applicable to the new feature or functionality.
1.18.
You undertake to us that you will:
1.18.1.
At all times comply with all applicable laws relating to the use of or access to the Sen Content, the Sen IPR and Sen Platform, including laws relating to privacy, data protection and use of systems and communications;
1.18.2.
Provide us with prompt, accurate and up-to-date information as we may reasonably require in order to provide you with access to the Sen Platform.
1.19.
You acknowledge that:
1.19.1.
The Sen Platform does not include (a) any services, systems or equipment required to access the internet (and that you are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by you in connection with use of the Sen Platform); (b) dedicated data back up or disaster recovery facilities;
1.19.2.
You are not permitted to authorise any individual or entity to access the Sen Platform.
2.
INTERNET ACCESS
2.1.
We do not control or endorse the content, views, messages or information found via or in any communication service, and therefore, specifically disclaim any liability whatsoever in relation to the content of such communication service and any losses or damages whatsoever incurred by you as a result of the use of such service.
2.2.
Due to the nature of the internet we do not warrant that your use of the Sen Platform and/or Sen Content will be uninterrupted or that any transmission via the Sen Platform and/or Sen Content will be transmitted completely, accurately, reliably, or in a timely manner or at all.
2.3.
Without undertaking any obligation to do so we reserve the right to monitor the Sen Platform and/or Sen Content. For the avoidance of doubt where we have received a complaint relating to any material published or transmitted via the Sen Platform and/or Sen Content, we, acting reasonably and giving notice to you wherever reasonably possible, shall be entitled (but not obliged) to act as aforesaid without investigating the merits of such complaint.
3.
ADDITIONAL RESTRICTIONS FOR PULA USERS
3.1.
If we provide you access to any Sen Content under the terms of a PULA, you represent, warrant and undertake to us that, unless you have been given express and specific permission under the PULA, you will not use the Sen Content (or any part of it):
3.1.1.
For any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose;
3.1.2.
To contribute to any project on an “open-source” basis, or otherwise on an anonymous basis;
3.1.3.
To feature as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo, whether registered or unregistered, and in whatever jurisdiction or use class registration;
3.1.4.
In any way that might permit a third party to download, extract or redistribute the Sen Content as a standalone file;
3.1.5.
In connection with “on-demand” products (including any third party use of any image from the Sen Content to make a made-to-order product (for example and without limitation, t-shirts, mugs, posters, etc);
3.1.6.
For any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons;
3.1.7.
Alongside any representation that you are the original creator of the Sen Content; and/or
3.1.8.
In connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).
3.2.
If we allow you under the terms of a PULA to provide access to any Sen Content to a third party or parties other than on a purely viewing basis, you undertake to use best endeavours to ensure that each such third party agrees to the terms of this EULA. You undertake to make the terms of this EULA available to each such third party, and to make them aware of its existence and provisions.
4.
CONSEQUENCES OF VIOLATION OF ACCEPTABLE USE SCHEDULE
4.1.
If you breach, or if we reasonably believe that you may breach, any provision of this Acceptable Use Schedule, we may immediately suspend or terminate the provision of the Sen Platform and/or Sen Content to you. We may intercept or block any content or traffic belonging to you or to users where the Sen Platform and/or Sen Content are being used unlawfully or not in accordance with this Acceptable Use Schedule. of it):