iBabyscan Website Terms and Conditions of Use
1 Terms of Website Use
2 Information About Us
2.1 Our site is operated by Ultrasound Manager Limited ("We"). We are registered in England and Wales under company number 05065751 and have our registered office at 8 High Street, Heathfield, East Sussex TN21 8LS. Our VAT number is GB 131 4975 17. We are a limited company.
3 Accessing Our Site
3.1 Access to our site is permitted on an AS IS and AS AVAILABLE basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 Certain areas of our site will not be available to you unless you have been provided with a username and password.
3.3 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
3.5 When using our site, you must comply with the provisions of our acceptable use policy set out in clause 4 below.
3.6 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4 Intellectual Property Rights and Permitted Use Policy
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it (Material). The Material is protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to Material posted on our site.
4.3 You must not modify the paper or digital copies of any Material you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of Material on our site must always be acknowledged.
4.5 You must not use any part of our site or any part of the Material on our site for commercial purposes without obtaining a formal written licence to do so from us or our licensors.
4.7 You agree that you shall not do (either solely or jointly with or on behalf of any other third party) or permit others to do any of the following without our prior written consent:
4.7.1 reproduce or copy the Material (otherwise than as allowed under these Terms) or modify or create derivative works from it, or in any way commercially exploit any of the Material; or
4.7.2 create a database in electronic or structured manual form by downloading and storing all or any of the Material from our site for any purpose whatsoever.
4.8 You also agree that in relation to our site you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:
4.8.1 use our site in any way that breaches any applicable local, national or international law or regulation; or
4.8.2 use our site for the purpose of harming or attempting to harm minors in any way; or
4.8.3 knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
4.8.4 post, publish or transmit, broadcast, reference (via links or otherwise) to or from our site any material that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or lawful approvals; or
4.8.5 upload files that contain material protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
4.8.6 do anything that is in any way unlawful or misleading or fraudulent, or has any unlawful or misleading or fraudulent purpose or effect; or
4.8.7 transmit, broadcast or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
4.8.8 damage, interfere with or disrupt access to our site or do anything which may interrupt or impair our site's functionality; or
4.8.9 delete any author attributions, legal notices, (including without limitation copyright and trade mark notices) from any Material; or
4.8.10 access or attempt to access any area which you are not authorised to access or circumvent or attempt to circumvent any security functionality.
5 Interactive Services
5.1 We may from time to time provide interactive services on our site, including, without limitation:
5.1.1 chat rooms; and
5.1.2 bulletin boards,
(together "interactive services").
5.2 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
5.3 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards set out in clause 6 below, whether the service is moderated or not.
5.4 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
5.5 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6 Content Standards
6.1 These content standards apply to any and all material which you may contribute or upload to our site (contributions), and to any interactive services associated with it.
6.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
6.3 Contributions must:
6.3.1 be accurate (where they state facts); and
6.3.2 be genuinely held (where they state opinions); and
6.3.3 comply with applicable law in the UK and in any country from which they are posted.
6.4 Contributions must NOT:
6.4.1 contain any material which is defamatory of any person; or
6.4.2 contain any material which is obscene, offensive, hateful or inflammatory; or
6.4.3 promote sexually explicit material; or
6.4.4 promote violence; or
6.4.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
6.4.6 infringe any copyright, database right or trade mark of any other person; or
6.4.7 be likely to deceive any person; or
6.4.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
6.4.9 promote any illegal activity; or
6.4.10 be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; or
6.4.11 be likely to harass, upset, embarrass, alarm or annoy any other person; or
6.4.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
6.4.13 give the impression that they emanate from us, if this is not the case; or
6.4.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
7 Suspension and Termination
7.1 We will determine, in our discretion, whether there has been a breach of our acceptable use policy or content standards through your use of our site. When a breach of any of these has occurred, we may take such action as we deem appropriate.
7.2.1 immediate, temporary or permanent withdrawal of your right to use our site; and/or
7.2.2 immediate, temporary or permanent removal of any posting or material uploaded by you to our site; and/or
7.2.3 issue of a warning to you; and/or
7.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
7.2.5 further legal action against you; and/or
7.2.6 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3 We exclude liability for actions taken in response to breaches of our acceptable use policy and/or content standards. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
8 Reliance on Information Posted
8.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
9 Our Site Changes Regularly
9.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the Material on our site may be out of date at any given time, and we are under no obligation to update such Material.
10 Our Liability
10.1 The Material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies from time to time and third parties connected to us hereby expressly exclude:
10.1.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
10.1.2.1 loss of income or revenue;
10.1.2.2 loss of business;
10.1.2.3 loss of profits or contracts;
10.1.2.4 loss of anticipated savings;
10.1.2.5 loss of data;
10.1.2.6 loss of goodwill;
10.1.2.7 wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11 Information About You and Your Visits to Our Site
12 Transactions Concluded Through Our Site
12.1 Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our terms and conditions of supply http://www.iBabyScan.com/help/iBabyScan-terms-and-conditions.html
13 Uploading Material to Our Site
13.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in clause 6. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
13.2 Any contributions will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
13.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in clause 6.
14 Viruses, Hacking and Other Offences
14.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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.
14.2 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.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
15 Linking to Our Site
15.1 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, but 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.
15.2 You must not establish a link from any website that is not owned by you.
15.3 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. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clause 6.
15.4 If you wish to make any use of Material on our site other than that set out above, please address your request to [email protected].
16 Links From Our Site
16.1 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17 Jurisdiction and Applicable Law
17.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
18 Trade Marks
18.1 "iBabyScan™" and "Ultrasound Manager™" are unregistered trademarks of Ultrasound Manager Limited.
20 Your Concerns
20.1 If you have any concerns about Material which appears on our site, please contact [email protected].
Thank you for visiting our site.