Chameleon-i Media Use Conditions

PLEASE READ THESE CONDITIONS CAREFULLY

What’s in these conditions?

These media use conditions set out your rights, obligations and the content standards that apply when you upload content to our Media, make contact with other users on our Media, link to our Media, or interact with or use our Media in any other way.

We define “Media” as our website, our infrastructure and cloud computing platform and any software applications that we make available for your use.

Who we are and how to contact us

Chameleon-i Ltd (“We”) are registered in England and Wales under company number 12764021 and our registered office at 5 West Court, Enterprise Road, Maidstone, Kent, United Kingdom, ME15 6JD. Our VAT number is 361867667.

We are a limited company.

To contact us, please email legal@chameleoni.com.

By using our Media you accept these conditions

By using our Media, you confirm that you accept these conditions and that you agree to comply with them.

If you do not agree to these conditions, you must not use our Media.

We recommend that you print a copy of these conditions for future reference.

There are other conditions that may apply to you

Our terms of website use also apply to your use of our website.

We may make changes to these conditions

We amend these conditions from time to time. Every time you wish to use our Media, please check these conditions to ensure you understand the conditions that apply at that time.

Your access to and use of our Software

We may provide you with access to or use of our infrastructure and cloud computing platform or any software applications that we or our licensors own (we define our platform and applications in these conditions as “Software”). If we provide such access or use this is because the organisation that you are working with as an employee or contractor (“Your Organisation”) has entered into a contract (“Client Contract”) with us to receive certain services from us and they have authorised you to use our Software making you an “Authorised User”.

As an Authorised User you may use the Software solely to enable you to perform the tasks that Your Organisation sets you and in any event you must not:

• copy the Software;
• rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
• make alterations to, or modifications of, the whole or any part of the Software;
• disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing; or
• make available the Software in whole or in part in any form to any person.

If you have any questions concerning your rights to use our Software please contact Your Organisation.

Prohibited uses

You may use our Media only for lawful purposes.  You may not use our Media:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (detailed in this notice);
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
• to 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.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our terms of website use; and
• not to access without authority, interfere with, damage or disrupt:
• any part of our Media;
• any equipment or network on which our Media is stored;
• any software used in the provision of our Media; or
• any equipment or network or software owned or used by any third party.

Interactive services

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Media, 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, whether the service is moderated or not.

Content standards

These content standards apply to any and all material which you contribute to our Media (“Contribution”), and to any interactive services associated with it.

These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Chameleon-i will determine, in its discretion, whether a Contribution breaches these content standards.

A Contribution must:

• be accurate (where it states facts);
• be genuinely held (where it states opinions); and
• comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• bully, insult, intimidate or humiliate;
• promote sexually explicit material;
• include child sexual abuse material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal content or activity;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person or misrepresent your identity or affiliation with any person;
• give the impression that the Contribution emanates from Chameleon-i, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• contain any advertising or promote any services or web links to other websites;
• contain any special category personal data. Special category data is defined as:
  • personal data revealing racial or ethnic origin;
  • personal data revealing political opinions;
  • personal data revealing religious or philosophical beliefs;
  • personal data revealing trade union membership;
  • genetic data;
  • biometric data (where used for identification purposes);
  • data concerning health;
  • data concerning a person’s sex life; and
  • data concerning a person’s sexual orientation;

(special category data includes personal data revealing or concerning the above types of data); or

• contain any personal data about criminal allegations, proceedings or convictions.

Intellectual property rights

You acknowledge that all intellectual property rights in the Media anywhere in the world belong to us or our licensors and that you have no rights in, or to, the Media other than the right to use them in accordance with these conditions.

Data Protection

Save as set out in our privacy policy, Your Organisation is the data controller of any personal data contained in your Contributions and We process such personal data as a processor under the instructions of Your Organisation. If you have any questions concerning how your Contributions are processed please contact Your Organisation.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our relevant terms and conditions of supply.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Media or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Media; or
• use of or reliance on any content displayed on our Media.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

Breach of these conditions

When we consider that a breach of these conditions has occurred, we may take such action as we deem appropriate.

Failure to comply with these conditions may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Media.
• immediate, temporary or permanent removal of any Contribution uploaded by you to our Media.
• issue of a warning to you;
• 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;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

How this contract can be transferred

We can transfer our rights and obligations under these conditions to any third party, provided this does not adversely affect your rights under these conditions.

Which country’s laws apply to any disputes?

These conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.