The following Terms and Conditions of Use (the “Terms”) apply to the use of the Sentience.tv services (the “Services”) and the Sentience.tv website (the “Website”).
Use of the Website and the Services is conditional on your agreement to the Terms. You must read, agree with, and accept all of the terms and conditions contained in the Terms, the Privacy Policy. By using the Website and the Services, you indicate your continued acceptance of the Terms, including future amendments, if any. If you do not comply with the Terms during your use of the Website and the Services, you will no longer have the right to use the Website and or Services.
1. Visitors.
Any person accessing, browsing or otherwise using the Website, shall be deemed a "Visitor" and is bound by these Terms and the Privacy Policy. If you do not agree to be bound by the Terms, or if you do not comply with the Terms, you may not use the Website. All Visitors have access to the Website. To obtain full access to the Website and use the Services, a Visitor must become a registered user (“User”).
2. Registration.
To obtain full access to the Website and use our Services, Visitors are required to become a User and register and select a password and user name. If you register, you must provide accurate and complete registration information and keep this information up to date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use as a user ID an email address subject to any rights of a person other than yourself without appropriate authorization; or (iii) create more than one free account per person. Sentience.tv reserves the right to refuse registration or cancel a user ID at its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user ID and password. You agree to (i) immediately notify Sentience.tv of any unauthorized use of your user ID or password, and (ii) ensure that you exit from your account at the end of each session.
3. Eligibility.
By using the Website you represent and warrant that you have the right, authority, and capacity to enter into this agreement with Sentience.tv (the “Agreement”) on the conditions as set forth in these Terms.
4. Fees.
Sentience.tv reserves the right to change its fees from time to time at its sole discretion. All fees are inclusive of V.A.T (for EU residents) and other levies imposed, if any. Payments are final and non-refundable. However, if during a calendar month the Website and our Services are not fully operational for at least 90% of the time, due to a cause attributable to Sentience.tv, Sentience.tv will refund the subscription fee for that month at the User’s request, WHICH WILL BE THE ONLY REMEDY AND OBLIGATION OF SENTIENCE.TV IN CONNECTION TO SUCH EVENT.
5. Use of the Website.
Subject to the restrictions in the Terms, you may use the Website to view the video courses and for chat and discussion purposes ("Content"). You may not copy or distribute any portion of the Website for any purpose. Under no circumstances will Sentience.tv be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of, or reliance on, any Content.
6. User and Visitor Restrictions.
You agree that you shall not, nor will you enable and/or allow third parties – to: (i) copy, modify, translate, or reverse engineer any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices on the Website or on any material accessed via the Website; (iii) use any robot, spider, other automated device, or manual process to monitor or copy the Website or parts thereof; (iv) collect any information about other Users or Visitors (including user names and/or email addresses); (v) reformat or frame any portion of the web pages that are part of the Website, (vi) create user accounts by automated means or under false or fraudulent pretenses; (vii) create or transmit unwanted electronic communications such as "spam" to other Users or Visitors, or otherwise interfere with other Users or Visitors’ enjoyment of the Website; (viii) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (ix) use the Website to violate the security of any computer network, crack passwords or security encryption codes, upload, transfer or store illegal material including material that can be deemed threatening or obscene; (x) copy or store any Content offered on the Website for other than your own use, unless it is your own content; (xi) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; (xii) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiii) use the Website, intentionally or unintentionally, to violate any applicable local, state, national or international law; or (xiv) collect or store personal data about other Users or Visitors, unless such data is provided by Sentience.tv. Sentience.tv may impose limits on certain features or services or restrict your access to parts or all of the Website, without notice.
7. Privacy.
Use of the Website is also governed by our Privacy Policy, a copy of which can be found by clicking here.
8. Term.
The Terms and the Privacy Policy will remain in full force and effect while you use the Website and our Services. Either party may terminate the Agreement for any reason, at any time. Sections 9, 11, 13, 14, 15 and 16 shall survive any termination or expiration of the Agreement and the Terms.
9. Changes to the Agreement or the Website.
You agree and understand that the Terms and the Website may be modified by Sentience.tv at any time without prior notice, and such modifications will be effective upon Sentience.tv s posting of the new terms and/or upon implementation of the new changes on the Website. It is the sole responsibility of the Users and Visitors to review the Terms periodically to become familiar with any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms. Unless expressly stated otherwise by Sentience.tv, any new features, new services, enhancements or modifications to the Website implemented after your initial access, shall be subject to the Terms.
11. Ownership.
Content and other elements comprising the Website may be works protected by copyright. You acknowledge that any underlying technology or software used in connection with the Website contains Sentience.tv 's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the software, and/or materials available on the Website in whole or in part except as expressly provided in the Terms.
12. Copyright Policy.
Sentience.tv will respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. Please send email with details to copy@sentience.tv.
13. Disclaimer of Warranties.
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SENTIENCE.TV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE, (2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR ANY “VIRUSES” OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR YOUR INFORMATION. SENTIENCE.TV DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SENTIENCE.TV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENTIENCE.TV IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR VISITOR OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER OR VISITOR OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. Limitation of Liability.
USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, USE OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ON OR THROUGH THE WEBSITE AND OUR SERVICES. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, SENTIENCE.TV IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL SENTIENCE.TV BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SENTIENCE.TV’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSOR OF (i) THE AMOUNT PAID BY YOU TO SENTIENCE.TV FOR THE USE OF THE WEBSITE AND OUR SERVICES IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) €100.
15. Indemnity.
You agree to indemnify, defend, and hold Sentience.tv, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to, and/or use of, the Website and our Services, (ii) the violation of these Terms by you, or (iii) the infringement by you, or any third party using your account or user name or password, of any intellectual property or other right of any person or entity.
16. Miscellaneous.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Version date: Nov 17, 2009