The Senate Online Terms & Conditions issue date July 2019
IMPORTANT LEGAL NOTICE
ATTENTION:These terms and Conditions (the Terms & Conditions) tell you the rules for using our website Senate2Sense.com and its' sub-domains (together the Senate Platform).
Please read these Terms & Conditions carefully before using the Senate Platform.
Who we are and how to contact us
Senate2Sense.com is a platform operated by Senate Holdings Ltd (referred to in this policy as “the Senate”, “us”, "we" or “our”). We are registered in England and Wales under company number 11951721 and have our registered office at 26 Baker Street, Weybridge, England, KT13 8BF.
Feel free to contact us through Senate2Sense.com/contact with any questions about these Terms & Conditions.
By using the Senate Platform you accept these Terms & Conditions
By using the Senate Platform, you confirm that you accept these Terms & Conditions and that you agree to comply with them. If you do not agree to these Terms & Conditions, you must not use the Senate Platform. We recommend that you print a copy of these Terms & Conditions for future reference.
There are other terms that may apply to you
These Terms & Conditions refer to the following additional terms, which also apply to your use of the Senate Platform:
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Senate Platform. When using the Senate Platform, you must comply with this Acceptable Use Policy.
Our Cookies Policy, which sets out information about the cookies on the Senate Platform.
- You own the content that you post; you also grant us and other users of the Senate Platform certain rights and license to use it. The details of these licenses are described in section 2.3 below.
- You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.
- We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of Senate platform. Posts from lawyers and other professionals should not be treated as a substitute for professional advice for your specific situation. We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
- Acceptable Use Policy. In your use of the Senate Platform and interaction with others using the Senate Platform, you agree to follow the Acceptable Use Policy at all times.
- Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your Senate account if you violate any Senate policy or for any other reason.
- We may make changes to these Terms & Conditions. We may amend these Terms & Conditions from time to time. Every time you wish to use the Senate Platform, please check the terms to ensure you understand the terms that apply at that time. These Terms & Conditions were most recently updated in July 2019.
- Changes to the Senate Platform. We are always trying to improve your experience on the Senate Platform. We may need to add or change features and may do so without notice to you.
- We may suspend or withdraw the Senate Platform. We do not guarantee that the Senate Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Senate Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
- Feedback. We welcome your feedback and suggestions about how to improve the Senate Platform. Feel free to submit feedback at Senate2Sense.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
- Your Content
- Definition of Your Content. the Senate Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the the Senate Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the Senate Platform, Your Content may be viewed by other users of the Senate Platform.
- Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
- License and Permission to Use Your Content.
- By submitting, posting, or displaying Your Content on the Senate Platform, you grant Senate and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the Senate Platform or the promotion, advertising or marketing of the Senate Platform or our business partners, in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Senate to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with Senate for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the Senate Platform or through other media or distribution methods. This license also includes the right for other users of the Senate Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms & Conditions.
- You acknowledge and agree that Senate may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms & Conditions; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Senate, its users, or the public.
- You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
- You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the Senate Platform or in violation of our Terms & Conditions.
- Your Responsibilities for Your Content. By posting Your Content on the Senate Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under these Terms & Conditions, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate Senate’s Acceptable Use Policy, any other published Senate policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content. You are solely responsible for securing and backing up Your Content.
- Our Content and Materials
- Definition of Our Content and Materials. All intellectual property in or related to the Senate Platform (specifically including, but not limited to our software, the Senate marks, the Senate logo, but excluding Your Content) is the property of Senate Holdings Ltd., or its subsidiaries, parent companies and affiliates, or content posted by other Senate users licensed to us (collectively “Our Content and Materials”).
- Data. All data the Senate collects (“Data”) about use of the Senate Platform by you or others is the property of Senate Holdings Ltd., its subsidiaries, parent companies and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
- Our License to You. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the Senate Platform in connection with your use of the Senate Platform, subject to the Terms & Conditions.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Senate Platform or to remove content. Except for the rights and license granted in these Terms & Conditions, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- No Endorsement or Verification. Please note that the Senate Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the Senate Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Senate Platform by anyone. The views expressed by other users on the Senate Platform do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us.
- Third party links. Where the Senate Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
- Ownership. You acknowledge and agree that Our Content and Materials remain the property of Senate's users or Senate. The content, information and services made available on the Senate Platform are protected by UK and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
- Rules about Linking to the Senate Platform
You may link to our home page. Provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy and must not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or does not comply with applicable laws and regulations.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, and you must not misrepresent your relationship with the Senate nor present any other false information about the Senate. You must not establish a link to the Senate Platform in any website that is not owned by you. The Senate Platform must not be framed on any other site, nor may you create a link to any part of the Senate Platform other than the home page. You must not remove, distort or otherwise alter the size or appearance of the Senate marks or logos and you must not use any of our trade marks displayed on the Senate Platform without written permission from us.
If you wish to link to or make any use of content on the Senate Platform other than that set out above please contact us. We reserve the right to withdraw linking permission without notice.
- More About Certain Offerings on the Senate Platform
Legal and Other Professional Contributors. Some users who post content are members of legal and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should be not be relied on as a substitute for advice from a professional that is appropriate for your specific situation.
- We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Senate Platform. You should use your own virus protection software.
You must not misuse the Senate Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
You must not attempt to gain unauthorised access to the Senate Platform, the server on which the Senate Platform is stored or any server, computer or database connected to the Senate Platform.
You must not attack the Senate Platform via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Senate Platform will cease immediately.
- Reporting Violations
- If you believe content on the Senate Platform infringes your intellectual property rights or the content on the Senate Platform violates Senate’s Acceptable Use Policy or otherwise violates applicable law or other Senate policies, please contact us via Senate2Sense.com.
- We have no obligation to delete content that you personally may find objectionable or offensive.
- We endeavour to respond promptly to requests for content removal, consistent with our policies and applicable law.
- DISCLAIMERS AND LIMITATION OF LIABILITY
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SENATE ENTITIES TO YOU.
- “SENATE ENTITIES” MEANS SENATE HOLDINGS LTD., AND ANY SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- WE ARE PROVIDING YOU THE SENATE PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SENATE ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.
- THE SENATE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SENATE PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SENATE PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. SENATE MAKES NO WARRANTY THAT: (a) THE SENATE PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE SENATE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SENATE PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE SENATE PLATFORM WILL BE SATISFACTORY.
- YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENATE ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SENATE ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SENATE PLATFORM.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SENATE PLATFORM IS TO STOP USING THE SENATE PLATFORM.
- WITHOUT LIMITING THE FOREGOING, THE SENATE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SENATE PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO SENATE IN CONNECTION WITH THE SENATE PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO 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.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
You agree to release, indemnify, and defend Senate Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the Senate Platform, ii) Your Content, iii) your conduct or interactions with other users of the Senate Platform, or iv) your breach of any part of these Terms & Conditions. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
- General Terms
- Dispute Resolution and Governing Law and Jurisdiction. The parties shall first attempt to resolve any dispute arising out of or in relation to the use of the Senate Platform or these Terms & Conditions and Conditions through negotiations between their appointed representatives who have the authority to settle disputes. In the event such problem is not resolved within a reasonable time frame of such escalation, the parties may pursue any other rights and remedies available to them, including without limitation pursuing a claim in a court of competent jurisdiction. Nothing in this section 10.2 shall prohibit either party from applying to the court for interim or injunctive relief. These Terms & Conditions and any disputes or claims arising out of or in connection with it or its subject matter or formation are governed by, and construed in accordance with, the law of England. Subject to the foregoing, the parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation.
- Applications and Mobile Devices. If you access the Senate Platform through a Senate application, you acknowledge that the agreement is between you and the Senate only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Senate Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
- Survival. The following provisions will survive expiration or termination of this Agreement: 1.1.12 (Feedback), Section 2 (Your Content), Section 3 (Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), and Section 10 (General Terms).
- Electronic Communications. You consent to receive communications from us by email in accordance with these Terms & Conditions and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- Notices. All notices permitted or required under these Terms & Conditions, unless expressly specified otherwise, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via the Senate2Sense.com/contact. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on confirmed receipt by us.
- Our trade marks. Senate SenseCheck and Senate Experts are trade marks of Senate Holdings Ltd. You are not permitted to use them without our approval.