Terms & Conditions

Immerj Ltd., a company registered in England and Wales, registered number 11753355 and whose registered office is Bury Lodge, Bury Road, Stowmarket, Suffolk, IP14 1JA.

Use of the Site is subject to the following Terms and Conditions, together with Our Web Site Use and Privacy Policy.

Definitions

Account with Us – “Account”

Any person using the site – “User” Users”

Feed back – “Feed Back”

Fees charged for subscription Services – “Fee”

Parties – “You” and “Us “

Site User – “You” “Your” “Yourself”

Immerj Ltd – “We” “Us” “Our” “Ours”

https://www.immerj.io/ – “Site”

1. Acceptance of Terms of Use

1.1 By accessing and using the Site, you acknowledge that You have read, understood and agree to be bound by these Terms, including the Privacy Policy and Web Site terms of use which are expressly incorporated into these Terms, which together form an agreement that is as effective as if you had signed it. If at any time you do not agree to these Terms:-

1.1.1 You may no longer access or use the Site or any of its content and Your right to use this site is revoked.

2. Changes to the Terms of Use

2.1 These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page.

2.2 Each time you access, use or browse the Site, You signify Your acceptance of the then-current Terms.

2.3 Any material changes in these Terms take effect upon posting and apply only to Your use of the Site and information collected from You on and after Last Revised date, unless We have other communications with you.

2.4 We may make changes to the Site, content, products, services or features of the Site at any time.

2.5 You understand and agree that We may discontinue or restrict Your use of the Site at any time for any reason or no reason with or without notice and without reference to You and there is no right of appeal We are the arbiters of the decision.

2.6 It is Your responsibility to ensure that Your personal data held on this Site is up to date at all times.

3. Permitted Users of the Site

3.1 The Site and Services are intended solely for persons who are 18 or older.

3.2 Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services You represent and warrant that;

3.2.1 You agree to be bound by these Terms; and

3.2.2 That You are 18 or older and able to form legally binding contracts.

3.3 If You have accessed this site and You are under the age of 18 You must immediately leave the site and must not access the site in the future until You reach the age of 18.

4. How the Site, Application and Services Work

4.1 The Site is aimed at individuals, partnerships and companies who wish to improve and have access to marketing help, assistance and advice.

4.2 Please read https://www.immerj.io/ as this is an explanation about the site, its foundations and aspiration and what it hopes to offer You.

4.3 The Site offers assistance and advice on marketing Your business. You may visit and sign up to the Site for free but must register and enrol on a monthly subscription basis to access the resources of the site.

4.4 While We do our best to ensure the use of all resources are positive and add value, We are not responsible for the content or any information or advice given or otherwise on subscription. Please see clauses 16 and 17.

4.5 You acknowledge and agree that We are not liable for any loss or damage caused by your reliance on information provided by or information contained on the Site.

4.6 You acknowledge and agree that We offer no guarantee as to the resources received and provided by Us. You acknowledge and agree that We have no liability for any loss or damage (howsoever caused) caused to You or by Your use of this Site.

5. Cancellation Policy

5.1 You may upgrade to Our subscription Service at any time by completing the registration details and payment instructions.

5.2 You may cancel Your subscription at any time giving Us notice in writing via Our contact details on the Site.

6. User Account Registration

6.1 Direct Registration: To access certain features of the Site, you are obliged to register to create an account.

6.2 You must register directly via the Site as described and as directed on the Site.

7. User Conduct

7.1 You acknowledge and agree that You are solely responsible for compliance with any and all laws, rules, regulations, that may apply to Your use of the Site, its Services and Content. We do not accept any liability, damage or losses, however caused by Your use of this Site. Please see clauses 16 and 17.

7.2 In connection with or whilst using Our Site and Services, You may not and You agree that you will not:

7.2.1 violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; or

7.2.2. use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content; or

7.2.3 use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms; or

7.2.4 copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms; or

7.2.5 infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, patent or contractual rights; or

7.2.6 interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan Horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; or

7.2.7 use Our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; or

7.2.8 use Our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; “stalk” or harass any other user of Our Site or Services; or

7.2.9 or collect or store any personally identifiable information about any other user; or

7.2.10 register for more than one Account or register an Account on behalf of an individual other than Yourself; or

7.2.11 impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity; or

7.2.12 use automated scripts to collect information or otherwise interact with the Site or Services; or

7.2.13 post, upload, publish, submit or transmit any Content that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; or

7.2.14 systematically retrieve data or other content from Our Site or Services to create or com-pile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or

7.2.15 use, display, mirror or frame the Site or any individual element within the Site or Services, “immerj “logo or other proprietary information, intellectual property or the layout and design of any page or form contained on a page, without Our express agreement and prior written consent; or

7.2.16 access, tamper with, or use non-public areas of the Site or Our computer systems, or the technical delivery systems of “Immerj” providers; or

7.2.17 attempt to probe, scan, or test the vulnerability of any of Our network or breach any security or authentication measures; or

7.2.18 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by “Immerj” or any of Our providers or any other third party (including another user) to protect the Site, Services, or Collective Content; or

7.2.19 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information; or

7.2.20 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or

7.2.21 advocate, encourage, or assist any third party in doing any of the foregoing.

7.3 We have the right, and intend to do so, to investigate and prosecute violations of any of the above to the fullest extent of the law.

7.4 We will involve and cooperate with law enforcement authorities in prosecuting Users who violate any or part of these Terms.

7.5 You acknowledge that We have no obligation to monitor Your access to or use of the Site or Services, but We have the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms; or

7.5.1 to comply with applicable law or the order or requirement of a court order, court of competent jurisdiction, administrative agency or other governmental body.

7.6 We reserve the right, at any time and without prior notice, to remove or disable access to any Content that We, at Our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

8. Financial Terms for Users

8.1 You acknowledge and agree that You, not Us, are responsible for performing any and all of the obligations of any such agreements, and We are not a party to such agreements and We have no liability arising from or related to any such agreements.

8.2 You agree to pay Us all subscription fees as they become due and payable.

8.3 In order to make a subscription payment, you acknowledge and agree that We reserve the right, in Our sole discretion, to obtain a pre-authorisation of your credit card or charge your credit card a nominal amount, not to exceed one Pound (£1.00), in order that We can verify your credit card.

8.4 We will process and collect the subscription Fees payable in accordance with these Terms and Conditions.

8.5 In respect of Your payment, You will be required to provide customary billing information such as name, billing address and credit card information either to Us or Our third party payment processor.

8.6 You agree to pay Us for any and all subscriptions in accordance with these Terms, by one of the methods described on the Site or Application – (e.g. by www.stripe.com.)

8.7 You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting a subscription, either directly by Us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site.

8.8 When You are directed to Our third party payment processor, You may be subject to their terms and conditions which govern the use of that third party’s service and that third party’s personal information collection practices. You are advised to read and review such terms and conditions and privacy policy before using the services.

8.9 Once Your payment transaction is complete you will receive a confirmation email summarising Your subscription.

9. Dispute Resolution

9.1 You and Us agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) shall be submitted to arbitration and will be settled by binding arbitration.

9.2 If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration.

9.3 You and Us agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR) will be made and his/her recommendations will be adopted.

9.4 You and Us agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

9.5 You acknowledge and agree that You and Us are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding.

9.6 It is agreed and acknowledged unless both You and Us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

9.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.

9.8 Except as provided in clause 9.4, this “Dispute Resolution” section will survive any termination of these Terms.

10. Privacy

10.1 See Our “Privacy Policy” at https://www.immerj.io/ for information and notices concerning Our collection and use of Your personal information.

10.2 We confirm that this policy is only in respect of Our website and Our content and no other content or website, even if the content is on Our website or available through Our website.

10.3 You must read this Policy and if You do not agree to its terms You must leave the site and may not use the Services supplied through the Site.

11.Web Site Content – https://immerj.io/

11.1 Subject to Your complete compliance with the terms and conditions of this Site, We grant You a limited, non-exclusive, non-transferable license, to:

11.1.1 access and view any of Our Content solely for Your personal and your own commercial purposes; and

11.1.2 access and view any expert Content to which you are permitted access, solely for Your personal and Your Own commercial purposes.

11.2 You have no legal rights over this Content and no right to sublicense the license rights granted in this section.

11.3 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.

11.4 No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.

12. Links

12.1 The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that We are not responsible or liable for:

12.1.1 the availability or accuracy of such websites or resources; or

12.1.2 the content, products, or services on or available from such websites or resources.

12.2 Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources.

12.3 You acknowledge and agree that You have sole responsibility for and assume all risk, including, but not exclusively, any liability, loss, illegality or damage arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

13. Proprietary Rights Notices

13.1 All trademarks, service marks, logos, trade names, intellectual property and any other proprietary designations of Ours used herein are trademarks or registered trademarks of Ours.

13.2 Any other trademarks, service marks, logos, trade names, intellectual property and any other proprietary designs are the trademarks or registered trademarks of their respective parties.

13.3 You may not use in any way whatsoever any of these trademarks, logos, trade names, proprietary designs, intellectual property rights and the like whether they are Ours or belong to any other person without prior written agreement from us (if they are Ours) or from the holders of such trademarks, logos, trade names, proprietary designs, intellectual property rights and the like.

14. Copyright Policy

14.1 We respect and adhere to copyright law and Our Site users must also respect and adhere to the same.

14.2 It is Our policy to terminate in appropriate circumstances, and We shall be the arbiter of this opinion, any Accounts of any User who infringe or are believed or may being going to infringe the rights of any copyright holders.

15. Termination and Account Deactivation

15.1 We may, in our absolute discretion and without liability or notice to you, with or without cause, with or without prior notice and at any time:

15.1.1 terminate these Terms or your access to our Site and Services; and

15.1.2 deactivate or cancel your “Immerj” account.

15.2 In the event We terminate these Terms, or Your access to our Site and Services or We deactivate or cancel Your Account with Us You will remain liable for all amounts due hereunder.

15.3 You may cancel Your Account at any time by contacting Us.

15.4 If your “Immerj” Account is cancelled, We do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback. Such Content and Feedback shall become and shall remain Our property.

16. Disclaimers

161. If You choose to use Our Site or Service, You do so entirely at Your own risk.

16.2 You acknowledge and agree that We do not have any obligations, whatsoever, or under any circumstances, to conduct any for of checks, including but not exclusively, background checks, on any User on this Site.

16.3 We may, entirely at Our sole discretion make such background checks but You agree and acknowledge that the Content, and all of it, is provided on an “as is” basis.

16.4 All of the Content is provided without any warranty of any kind, either expressly or implied and without any limitation.

16.5 We expressly and explicitly disclaim any warranty of merchantability, fitness for any particular purpose, quiet enjoyment or non-infringement or any other such similar matter any warranties arising in the course of dealing or usage of trade .

16.6 We make no warranty that the Site or Services content, or any information provided via any Subscription will meet Your requirements or will be available or made available in an uninterrupted, secure or error free basis.

16.7 We make no warranty in respect of the quality of any Subscription content, the truthfulness, completeness or reliability of any content obtained through the Site or Service.

16.8 No advice or information, whether either oral or in writing, obtained from Us, Our site or Service or any content will create any warranty expressly our otherwise, herein.

17. Your Responsibility to Us, Other Users, and Content Providers on the Site.

17.1 You and only You are solely responsible for all and any of Your communications, interactions and any other such things, with any other users of this Site or Services and with any other person You may communicate with or interact with as a result of Your use of the Site and Service.

17.2 You agree and acknowledge that We do not make any attempt, effort or inquiry to verify or find the truth of any users of the Site or Services.

17.3 We do not, under any circumstances, make any representations or warranties as to the conduct of the users of the Site or Services nor their past, present or future compatibility with any past, present, current or future users of the Site.

17.4 You acknowledge and agree to take all and any reasonable precautions with all of Your communications and interactions with all other users of the Site and Services. This regardless of whether such communications or interactions are organised by Us or others.

18. Limitation of Liability

18.1 To the maximum extent permitted by law You acknowledge and agree that the entire risk arising out of Your access to and use of the Site, Services, Content, or contact with any other Users with, to or through the Site or Yours, this whether by Phone, online, in person or any other means is Yours entirely and remains with You at all times, both, before, during and after such risk may apply.

18.2 Neither Us nor any other party involved in the creation, production, or delivery of the Site, Services or Content will be liable, in any way, for any incidental, special, exemplary, legal (reasonable costs) or consequential losses or damages, this to include but not exclusively, loss of profits, loss of Data, loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages whatsoever of a personal nature, including bodily injury, emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Services or Collective Content this also from any communications, interactions or meetings with other users of the Site or Services, or other persons with whom You communicate or interact with as a result of Your use of the Site or Services. Whether or not they are based on warranty, contract, tort, this to include negligence, product liability or any other such thing, whether or not We have been informed of such matters and the possibility of any such damages or alike, this also, even if a limited remedy set forth and contained in these terms has failed or could fail, because of essential purpose.

18.3 In the circumstances or event Our aggregate liability arising out of or in connection with these terms and Your use of the Site or Services, this to include, but not limited to, Your use of the subscription content service through the Site or Services, or from Your use or inability to use the Site Services or Collective Content with any other users, exceed the amounts You have paid through the Site or Services as User on the site in the twelve (12) month period prior to the event giving rise to the liability or one hundred pounds (£100).

18.4 In respect of clause 18.3 and the sums detailed, if no such payments have been made, as applicable, the limitations of damages set forth in clause 18.3 are fundamental elements of the basis of the bargain between Us and You.

19. Indemnification

19.1 You agree to release, indemnify, and hold Us and Our, contractors, sub-contractor, affiliates and subsidiaries and agents and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with;

19.1.1 Your access to or use of the Site, Services, or Content or Your violation of any of these Terms; (a) Your Subscription Content and (b) Your (c) interaction with any person; and/or

19.1.2 any reliance on any information exchanged through or received from the Site or Services; and/or

19.1.3 any creation of content We shall have the right to control and agree or otherwise to defend and settle all actions.

20. Restricted Countries and Export Controls

20.1 Your use of this Site and Services, You warrant that You are:-

20.1.1 not located in a country that is subject to U.S. Government embargo; or

20.1.2 You are not in a country that the U.S, Government has designated as a “terrorist” supporting country; and

20.1.3 You are not listed on any U.S. Government of prohibited or restricted parties.

20.2 You will also not use this Site or Services for any purpose prohibited by U.S. Law, this includes the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

20.3 We do not permit content associated with certain countries due to U.S. embargo restrictions.

20.4 If You feel or believe any user/users are acting inappropriately this to include such actions as but not limited too, any person who:-

20.4.1 engages in offensive, violent or sexually inappropriate behaviour; or

20.4.2 any person who engages in any disturbing conduct;

20.4.3 You should immediately report such people to the appropriate authorities and to Us.

21. Law and Jurisdiction

21.1 These Terms shall be governed and construed in accordance with the laws of England and Wales.

21.2 You acknowledge and agree that You will submit to the exclusive jurisdiction of the Courts of England and Wales.