Terms and conditionsLast Updated Date: March 7, 2012
Key Content-related Terms
“Member” means a person who completes Experimatch’s account registration process, as described under the “Account Registration” section below.
“Member Profile” means a collection of Member Content related to the care of a specific individual or group of individuals.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Experimatch Content” means Content that Experimatch makes available through the Experimatch Services including any Content licensed from a third party, but excluding Member Content.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Experimatch Services.
“Collective Content” means, collectively, Experimatch Content and Member Content.
We understand that your personal details are sensitive and private in nature. If you choose to share access to your member profile with any other member via the Experimatch services (e.g. by applying to an experiment), please note that such third party will be able to access, view, share, distribute and download the content contained in such member profile, without restriction, and will also be able to upload content to the member profile that can be accessed, viewed, shared, distributed and downloaded within and from such member profile. Accordingly, we recommend that you protect your private and sensitive information and consider carefully which third parties you permit to access your member profile.
You acknowledge and agree that, by accessing or using the Experimatch services, or by downloading, uploading or posting any content from or on the site or through the Experimatch services, you are indicating that you have read, and that you understand and agree to be bound by, these terms, whether or not you have registered via the site. If you do not agree to these terms, then you have no right to access or use the site, Experimatch services or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
ModificationEligibility The Site and Experimatch Services are intended solely for persons who are 18 or older. Any access to or use of the Experimatch Services by anyone under 18 is expressly prohibited. By accessing or using the Experimatch Services you represent and warrant that you are 18 or older.
In order to access certain features of the Experimatch Services, including to (i) create and manage an Experiment and (ii) apply to an Experiment, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Experimatch reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Your will be asked to create a password when you create your Account. Experimatch does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Experimatch of any unauthorized use of your Account.
OwnershipThe Site, Experimatch Services and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Experimatch Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Experimatch and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Experimatch Services or Collective Content.
Licenses Granted by Experimatch to Collective Content
Subject to your compliance with the terms and conditions of these Terms, Experimatch grants you a limited, non-exclusive, non-transferable license to view, download and print any Experimatch Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Experimatch Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Experimatch or its licensors, except for the licenses and rights expressly granted in these Terms.
Experiment ContentYou acknowledge and agree that you are solely responsible for all Member Content that you make available through the Experimatch Services.
FeedbackWe welcome and encourage you to provide feedback, comments and suggestions for improvements to the Experimatch Services (“Feedback”). You may submit Feedback via the Help and Feedback link on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General ProhibitionsYou agree not to do any of the following:
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 person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Site, or any individual element within the Experimatch Services, Experimatch’s name, any Experimatch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Experimatch’s express written consent;
Access, tamper with, or use non-public areas of the Site, Experimatch’s computer systems, or the technical delivery systems of Experimatch’s providers;
Attempt to probe, scan, or test the vulnerability of any Experimatch system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Experimatch or any of Experimatch’s providers or any other third party (including another user) to protect the Site, Experimatch Services or Collective Content;
Attempt to access or search the Site, Experimatch Services or Collective Content or download Collective Content from the Experimatch Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Experimatch or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Experimatch trademark, logo URL or product name without Experimatch’s express written consent;
Use the Site, Experimatch Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
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, Experimatch Services or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Experimatch Services or Collective Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, or Experimatch Services;
Collect or store any personally identifiable information from the Experimatch Services from other users of the Experimatch Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Experimatch will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Experimatch may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Experimatch has no obligation to monitor your access to or use of the Site, Experimatch Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Experimatch Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Experimatch reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Experimatch, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Experimatch Services.
Copyright PolicyExperimatch respects copyright law and expects its users to do the same. It is Experimatch’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Experimatch’s Copyright Policy for further information.
Certain Member Content may contain links to third-party websites or resources. You acknowledge and agree that Experimatch is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Experimatch of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. Termination and Account Cancellation
If you breach any of these Terms, Experimatch will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Experimatch reserves the right to revoke your access to and use of the Site, Experimatch Services and Collective Content at any time, with or without cause. In the event Experimatch terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to help@Experimatch.com.
DisclaimersThe site, Experimatch services and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Experimatch explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Experimatch makes no warranty that the site, Experimatch services or collective content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Experimatch makes no warranty regarding the quality of any products, services or collective content available from or obtained through the Experimatch services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Experimatch services.
No advice or information, whether oral or written, obtained from Experimatch or through the site, Experimatch services or collective content, will create any warranty not expressly made herein.
IndemnityYou agree to defend, indemnify, and hold Experimatch, its 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 your access to or use of the Site, Experimatch Services or Collective Content, or your violation of these Terms.
Limitation of LiabilityYou acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, Experimatch services and collective content remains with you. Neither Experimatch nor any other person or entity involved in creating, producing, or delivering the site, Experimatch services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, Experimatch services or collective content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Experimatch has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Experimatch’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, Experimatch services or collective content exceed one hundred British Pounds (£100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Experimatch and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.