Triventy - Terms of Service
1. Your relationship with Triventy; CET Learning Environments for the Home (2002) LTD is the legal owner which Operates "Triventy".
1.1 Your use of the Triventy website (the "Website") and any services (collectively the "Service") is subject to the terms of a legal agreement between you and Triventy.
1.3 The Terms form a legally binding agreement between you and Triventy in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, photos, sounds, music, videos and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that Triventy will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with Triventy, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
Triventy reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. Triventy accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a Triventy account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Triventy account password secure and confidential.
4.2 You must notify Triventy immediately of any breach of security or unauthorised use of your Triventy account that you become aware of.
4.3 You agree that you will be solely responsible (to Triventy, and to others) for all activity that occurs under your Triventy account.
5. General restrictions on use
5.1 Subject to your compliance with the Terms, Triventy hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
5.2 You agree that you will comply with all of the other provisions of the Terms.
5.3 Triventy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Triventy reserves the right to revoke these exceptions either generally or in specific cases.
5.4 Triventy is constantly evolving the Service in order to provide the new and better possible experience for its users. You acknowledge and agree that the form and nature of the Service which Triventy provides may change from time to time without prior notice to you.
5.5 As part of this continuing innovation, you acknowledge and agree that Triventy may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Triventy's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Triventy when you stop using the Service.
5.6 You agree that you are solely responsible for (and that Triventy has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Triventy may suffer) of any such breach.
6. Copyright policy
6.1 Triventy operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party. Details of that policy can be found here: copyright policy add here link which includes our right to remove your Content according to our notice and removal procedure set forth in the foregoing policy.
7.1 As a Triventy account holder you may submit Content. You understand that whether or not Content is published, Triventy does not guarantee any confidentiality with respect to Content.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Triventy and other users of the Service. These are described in paragraph 8 of these Terms (Rights you license).
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Triventy does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Triventy expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Triventy to use your Content for the purposes of the provision of the Service by Triventy, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to your Content; (ii) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and (iii) your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit Triventy or any third party; (f) contain any virus, viruses, worms, trojan horses and other disabling or damaging codes; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless Triventy and its officers, directors, employees, shareholders, customers, agents, successors and assigns from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in these Terms.
7.6 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Triventy to use or possess in connection with the provision of the Service.
7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Triventy the license referred to in paragraph 8.1 below.
7.8 On becoming aware of any potential violation of these Terms, Triventy reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Triventy with respect to any such Content.
8. Rights you license
8.1 When you upload or post Content to Triventy, you grant:
9. Triventy content on the Website
9.1 With the exception of Content submitted to the Service by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to any Content, other than as explicitly set forth in these Terms. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be, unless specifically stated otherwise, downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Triventy or, where applicable, Triventy's licensors. Triventy and its licensors reserve all rights not expressly granted in and to their Content.
11. Ending your relationship with Triventy
11.1 The Terms will continue to apply until terminated by either you or Triventy as set out below.
11.2 If you want to terminate your legal agreement with Triventy, you may do so by closing your Triventy account.
11.3 Triventy may at any time terminate its legal agreement with you if:
11.4 Triventy may terminate its legal agreement with you if:
and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Triventy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and Triventy makes no warranty or representation to you with respect to them.
12.3 In particular Triventy does not represent or warrant to you that:
12.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIVENTY DISCLAIMS ALL CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY EXPRESSED AND/OR IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION AND/OR NON-INFRINGEMENT) THAT MAY APPLY TO THE SERVICE EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit Triventy's liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above Triventy shall not be liable to you for:
13.3 The limitations on Triventy's liability to you in paragraph 13.2 above shall apply whether or not Triventy has been advised of or should have been aware of the possibility of any such losses arising.
14. General legal terms
14.1 The Terms constitute the whole legal agreement between you and Triventy and govern your use of the Service and completely replace any prior agreements between you and Triventy in relation to the Service.
14.2 You agree that Triventy may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
14.3 You agree that if Triventy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Triventy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Triventy's rights and that those rights or remedies will still be available to Triventy.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which Triventy is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
14.6 The Terms, and your relationship with Triventy under the Terms, shall be governed by English law. You and Triventy agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Triventy shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.