(b) These terms do not apply to any of our applications for which any separate licensing terms apply (Applications).
2 Intellectual property rights
(a) The Website is subject to copyright and possibly other intellectual property rights.
(b) We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
(c) We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
3 Linking to this website
(a) We encourage you to provide links to the Website. While you may use the name “[MyPLgoals]” in the text of any such link, you may not use the MyPLgoals logo or any of our other trade marks without our prior written consent.
(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
4 Accuracy of content
(a) Some of the information on the Website may be provided by third parties, including individuals and organisation who utilise the various Momentum Cloud products. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
(b) The material provided and views expressed by other users of the Website or users of Momentum Cloud products are the materials of those users and are not ours.
5 Registration and your content
(a) You are not required to register to use the Website. However certain features on the Website may only be available if you do register.
(b) When you register, we may provide you with an initial password (which you may be able to change at a later stage) and user name, which is personal to you. You must not share your user name or password with anyone else. You must keep any user name and password that are allocated to you private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send a reminder email containing your password to your registered email address.
(c) You may cancel your registration, by notifying us at email@example.com and providing your user name.
5.2 YOUR CONTENT
(a) You must not provide any material through the Website (Your Content) that:
(i) infringes the intellectual property or other rights of another person;
(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
(iii) relates to unlawful conduct;
(iv) creates a privacy or security risk to any person, including by soliciting personal information from any person;
(v) solicits money from any person;
(vi) is false, misleading or deceptive;
(vii) contains financial, legal, medical or other professional advice;
(viii) would harm, abuse, harass, stalk, threaten or otherwise offend;
(ix) would reflect negatively on us, including our goodwill, name and reputation;
(x) tampers with, hinders the operation of, or makes unauthorised modifications to the Website;
(xi) would breach any applicable laws; or
(xi) would otherwise result in civil or criminal liability for you, us or any third party.
(b) By providing us with any of Your Content, you:
(i) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, copy, modify and otherwise exploit Your Content in any form or on any medium and for any purpose; and
(ii) warrant that you have the right to grant such licence.
(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.
6 General restrictions
In using the Website, you must not:
(a) provide us with inaccurate or incomplete information;
(b) violate any applicable laws, or use the Website for any purpose that is unlawful;
(c) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
(d) collect or store data about other users of the Website; or
(e) engage in any other conduct that inhibits any other person from using or enjoying the Website.
7 Warranties and liability
(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
8 Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
9 Links and advertisements
The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
11 Force Majeure
Neither party will be liable for any failure or delay in performing any of its obligations under these terms if such delay is caused by circumstances beyond that party’s reasonable control.
12 Infringing or objectionable content
If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at firstname.lastname@example.org and provide particulars of such content and a detailed description of why it is objectionable or infringing.
(d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(f) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.