Educational and non-commercial
terms & conditions of use
The Terms & Conditions below govern the use of web sites and related services provided free of charge to educational & non-commercial organisations by Recipero Limited (formerly ik Software Limited) (the "Company" referred to in these Terms & Conditions as "IK"). These are referred to in these Terms & Conditions as the "Site".
The Company will make available to persons duly registered with it (each a "Member") a package of site management tools, templates and services all for use only on the Site.
The Company at its discretion may add to, amend or withdraw this package and all or any of the sites, which together make up the Site.
By registering as a Member, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the Terms & Conditions set out below.
The Company reserves the right to impose additional terms in respect of any Member's order, such additional terms shall be posted on the Site.
1. Terms of Membership
1.1. Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique IK Member Name and password.
The Company does not discriminate on the basis of age, gender, or ethnicity. Each Member is allowed to have only one Membership with the privileges associated with such Membership.
The Company allows one registered Membership per legitimate electronic mail address. Any exceptions, including the use of one electronic mail address by multiple users, must be approved by the Company.
Membership is intended for use only by the register Member and is non-transferable. Please see the "Termination of Service" clause below for additional Membership information.
2. Member Web Page Guidelines
2.1. The Company provides Member Web pages and the associated storage space in a dedicated Membership area as a service to Members. The Company encourages the free exchange of ideas but has established the following parameters and guidelines for the Member Web site construction service and for any content placed on those pages.
2.2. The Company is not responsible for the content of any Member web pages, and the views expressed in the Membership area of the Company are the responsibility of the posting Member and not the Company. The Company reserves the right to scan Member web pages for material which, at the sole discretion of the Company is considered to be objectionable, offensive or in any way undesirable.
2.3. The Company has no obligation to provide phone support or other additional support services to the Member.
2.4. The Company reserves the right to remove any page from the Site at any time without notice.
2.5. The Company provides space for Member web pages but makes no implied or express warranties about the reliability of these pages. The Company is not responsible for any damage caused by loss of access to, or deletion or alteration of Member pages.
2.6. The following is a non-exclusive list of actions and content that are not permitted on the Site:
a) Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, below.
b) Pages that exploit the images of children under 18 years of age.
c) Material that is grossly offensive to the IK community, including clear expressions of bigotry, racism, or hatred.
d) Pages that promote illegal activity.
e) Material that defames, abuses or threatens others.
f) Pages that contain material inconsistent with the values of the spirit of the IK Community.
g) Use of a Member Web page as storage for remote loading.
h) Making available copyrighted software which has been "cracked" - i.e., the copyright protection has been removed from the software;
i) Making available serial numbers for software which can be used illegally to validate or register software;
j) Making available tools, which can be used primarily for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.).
k) Distribution of any other material that may involve a breach of copyright. (for example, music)
3. Rules for Online Conduct
3.1. The Member agrees not to include any electronic mail postings or web page content (together "Postings") that contain any of the following material:
a) Material that defames, abuses or threatens others.
b) Statements that are bigoted, hateful or racially offensive.
c) Material that advocates illegal activity.
d) Material that contains obscene content.
e) Advertising or any form of commercial solicitation other than advertising in accordance with any applicable advertising standards and codes of conduct in connection with the Members own IK hosted web site or on a basis consistent with the Company's Member web page templates.
3.2. The Member agrees that:
a) Survey responses are reviewed by the Member before appearing on the Site.
b) Chat and Message Board Postings are reviewed prior to appearing on the Site.
3.3. The Company reserves the right to edit, delete, or move any Postings.
4. Privacy
4.1. The Company will keep confidential its information about a Member which is of a confidential nature and not supplied for inclusion on the Site.
The Company reserves the right to distribute aggregated demographic information provided by Members, but will not release the name or other personal information about a Member unless the Member gives its permission or it is required to do so by law or other competent authorities or this is required in the course of its administration on the Site.
4.2. The exchange between the Company and the Member of information such as passwords or electronic mail may not be secure given the current state of the Internet.
The Company encourages Members to change their passwords frequently.
4.3. Postings and other communications with the Company in the Membership area of the Site are not private and may be published and edited at the discretion of the Company.
5. Copyrighted Material
5.1. All material on the Site, including, without limitation, text, software, photos, video, graphics, music and sound, are protected by British and international copyright laws, both as individual works and as a collection.
Unless otherwise stated, the downloading or use of copyrighted material provided by the Company or a third-party content provider is allowed by Members for its own internal business use only.
Members may not copy (save in connection with their genuine internet business use), reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.
5.2. No material protected by copyright may be placed on the Site or the Membership area without the express permission of the author or owner of the copyright on that material.
5.3. The Member shall not itself remove its page or pages from the Site, nor shall it transfer or copy its page or pages to any other site on the internet.
5.4. With specific regard to issues of software piracy, please see the Addendum to the Terms of Conditions of Site Use, below.
6. Limitations of Liability and Warranty
6.1. The Member agrees that the use of the Site is entirely at the Member's own risk.
The Site is provided on an "as is" basis without warranties of any kind, either express or implied.
Neither the Company nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
The Company and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the site and are not responsible for:
a) any errors or omissions arising from the use of such information;
b) any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
c) any losses or damages arising from the use of the content or services provided by the Site.
6.2. On no account shall the Company have any liability to the Member for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue.
The aggregate liability of the Company to the ember arising in any calendar year in connection with the Site, shall not exceed the sums passed by the Member to the Company in that year in respect of the Site.
Nothing in these Terms & Conditions shall limit or exclude the liability of the Company for death or personal injury due to its negligence.
6.3. The Member specifically agrees that the Company or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member web pages, Member profiles, surveys, chat rooms or message boards.
7. Indemnity
7.1. The Member agrees to indemnify the Company and any third-party information provider against any and all claims and expenses, including legal fees, arising from the Member's use of the Site.
This expressly includes:
(i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and
(ii) any libellous or unlawful material contained within Member web pages, profiles, or Postings.
8. Termination of Service
8.1. The Company may terminate Membership and any and all information, communications, Postings, or web pages at any time, without notice, for conduct that violates these Terms & Conditions or other policies or guidelines set out by the Company elsewhere on the Site.
The Company may terminate Membership and delete any and all information, communications, Postings, or web pages for online conduct that the Company believes is harmful to other Members, the business of the Company, or other third-party information providers.
9. Force Majeure
9.1. If and to the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved of its liability to the Member for failure to perform such obligations.
10. Notice
10.1. All notices under this Agreement shall be in writing, sent by [telex, facsimile, email, first class, special or recorded post or email] to the notices sent by receiving party at such address as has been notified to the other party.
In the case of first-class post the date of service shall be deemed to be the day on which the notice posted. In the case of notices sent by telex, facsimile or email the date of service shall be deemed to be the day on which the notice was transmitted, subject to a satisfactory transmission being obtained. In the case of notices sent by special or recorded delivery the date of service shall be deemed to be the date of delivery.
11. Choice of Law
11.1 The Agreement shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
12. Entire Agreement
12.1 These Terms & Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any other agreement, proposals and communications, written or oral, between the Company representatives and the Member.
The Company may amend or supplement these Terms & Conditions at any time on notice to the Member as published on the Site.
13. Addendum to IK Software Ltd (ik.com). Terms & Conditions of Site Use
13.1 If the Company becomes aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party of the alleged presence of such materials, or as the result of a content scan the Company will:
a) Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement and notify the Member that within five days he or she must respond explaining why the allegedly infringing material does not constitute infringement of copyright. The Company will also alert the Member that in the absence of such a response, the Company reserves the right to delete the page; and
b) If the Member fails to respond within five days, the Company may remove the page.
If the alerted party responds to the allegations and claims the page is not infringing, the Company may either forward the response to the third party alleging the infringement, or remove the page or both.
If in its sole discretion, the Company concludes that one of its Member web pages contains a severe copyright violation, the Company reserves the right to delete the offending web page or site at any time without notice.
14. Definitions
Member name: This will be a unique name chosen by yourself or assigned automatically. It may be referred to on the Site as "USER I.D."
Membership Area: Refers to the area that Members have access to once they are "logged in" to the Site.
