Terms & Conditions

Definitions

The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies and procedures that we may publish from time to time on the Website.

The "Service" refers to the applications, software, products, and services provided by Segence.

The "Website" or "Sites" refers to Segence's website located at segence.com, and all content, services, and products provided by Segence at or through the Website. It also refers to Segence-owned subdomains of segence.com, such as thinking.segence.com and portal.segence.com. Occasionally, websites owned by Segence may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

"The User", "You", and "Your" refer to the individual person, company, or organisation that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age.

"Segence", "We", and "Us" refer to Segence, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

"Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

Your Agreement with Us

Segence permits access to the sites subject to these terms and conditions.
Please read these terms carefully.
By using the sites you agree to be bound by these terms and conditions.

This agreement is between you and Segence Limited, a Private Limited Company ("Segence"), limited by shares, and the situation of its registered office is in England and Wales (Company Number 10143413).
You do not need to take any action to accept these Terms, but you must accept the Terms if you wish to exercise the rights granted herein, and your access to or use of the Sites shall be deemed your assent to these Terms. If you do not agree with these Terms, then you are not entitled to use the Sites. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Sites to these Terms and, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these Terms, you may not use the Sites. The Sites provided by Segence, including but not limited to that located at http://segence.com collectively, together with all sub-domains thereof, and any Information, Content, and Services as defined herein (the "Site" or "Sites") may include but is not limited to information created by Segence, offered by Segence, data collected from public sources, content from or contributed by third parties, you, or the users of the Sites. Unless otherwise agreed in writing with Segence, your use of the Site will be subject to, at a minimum, the terms and conditions set forth herein. These are referred to as the "Master Terms." In addition, your use of any Site or Content, Information or Service, as defined below, may also be subject to the terms of any legal notice applicable to same, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the "Additional Terms." The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Segence. The Master Terms and such Additional Terms, as applicable, are hereinafter collectively referred to as the "Terms."

Segence reserves the right to change these Terms without notice. The most current version of the Terms can be reviewed by clicking on the link or links located on our Sites. Please check these Terms periodically to see whether they have changed. If you use the Sites after we post revised Terms, you accept such changes.

Accessing the Sites and Using the Content

A. Conditioned upon your compliance with the Terms, Segence grants you a limited, personal, nontransferable, non-sublicensable, revocable license to: 1. Access and use the Site in the manner presented by Segence and; 2. Access and use the Segence computer and network services offered within the Site (the "Segence Systems") only in the manner expressly permitted by Segence. Except for this limited license, Segence does not convey any interest in or to the Segence Systems, information or data available via the Segence Systems (the "Information"), Content, Services, Website or any other Segence property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Segence. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Segence.

B. Other than as expressly set forth in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works, distribute, perform, or display, any of the Content, or Sites in whole or in part without written permission from Segence.

C. Segence does not intend for the Sites to be used by anyone under the age of 13. You certify that you are the age of majority in your jurisdiction or are over 13 years old and using the Sites with the express consent of your parent or legal guardian. You agree not to post or contribute any personal information, such as name, address, telephone number, or e-mail address of any person under the age of 13 to the Sites.

D. There may be times when the Sites are not available, and Segence reserves the right to interrupt, discontinue, modify, limit, and/or suspend the Sites or the storage and availability of any Content for any or no reason, including material contributed by you. You agree that Segence will not be liable to you for any such change to the Sites or Content.

E. You may not access the Sites through any automated mechanism, including but not limited to automated visits to the Sites, automated queries, automated edits or actions, or any other programmatic access. All Content offered by the Sites is the property of Segence or third parties and is protected by copyright laws, including protection as a collective work or compilation under the copyright laws of the United States and other countries.

F. If you download executable software from the Sites, the software and other materials accompanying the software ("Software") is licensed to you by Segence under the terms of any associated end user license agreement. Segence does not transfer title to the Software to you. Segence or third party licensors retain full and complete title to the Software, and all intellectual property rights embodied in it. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.

G. Content explicitly licensed to you by Segence under the Creative Commons Attribution 3.0 license ("CC-BY") shall be governed by that license unless otherwise marked. The text of the CC BY license is found at http://creativecommons.org/licenses/by/3.0/legalcode and is hereby incorporated into these Terms by reference, and you agree that you will follow the attribution requirements of the CC BY license where applicable. Segence hereby designates Segence as the sole Attribution Party under Section 4(b) of the CC BY license for such Content. You will ensure that any such use of Content includes a visual display or otherwise indicates the source of the Content as originating from the Site supplying the Content. This indication may be through an unobtrusive text string and/or use of a logo with the name of the Site or some other unobtrusive but clear visual indication. You will include near to or as a part of any such internet use of the Content, a hyperlink to the location within the Sites that presents the Content. Some Content may be offered by the Sites under the terms of a copyright license accompanying that Content. In such cases, you may use this Content under the terms of its license, and you are responsible for such use. You agree to abide by the license, obligations, and restrictions of any Content that you access through the Sites. In some cases, the Sites automatically collect data and other material from third party sites and services. Segence may choose not to screen this collected data. You agree that you assume all risks of using such Content, including but not limited to risks arising from its source, ownership, accuracy, completeness, timeliness, suitability for intended purpose, or its reliability. You acknowledge that Segence does not endorse any Content, nor does Segence guarantee that any Content does not infringe the rights of any third party. Under no circumstances is Segence liable for any Content, including but not limited to liabilities from infringement, errors and omissions, or for any loss or damage of any kind from the use of Content posted to, downloaded or linked from, accessed by or otherwise made available from the Sites.

H. The Sites may link to material hosted by third parties on independent sites and services on the internet. Segence is not responsible or liable for such material, nor does Segence endorse or sponsor it. Segence has not reviewed the material on such third party sites, and makes no warranties or representations about the material, information, products, or services offered by third parties.

Other Usage Notes

A. You may use the Sites only for your personal use. If you are permitted to use Content you must include any copyright notice originally included with the Content in all copies, displays or representations of the Content in any form, media, or technology now known or later developed. If you represent a company, organization, or other legal entity, you may use the Sites only for internal business purposes. Segence welcomes editorial use of the Sites and Content.

B. If you are a journalist (blogger, commentator, etc.) you may use the Content in the course of writing editorial material. If you create such editorial material using the Sites or Content, you must follow any applicable attribution requirements.

C. Content explicitly licensed to you by Segence under the Creative Commons Attribution 3.0 license ("CC-BY") shall be governed by that license unless otherwise marked. The text of the CC BY license is found at http://creativecommons.org/licenses/by/3.0/legalcode and is hereby incorporated into these Terms by reference, and you agree that you will follow the attribution requirements of the CC BY license where applicable. Segence hereby designates Segence as the sole Attribution Party under Section 4(b) of the CC BY license for such Content. You will ensure that any such use of Content includes a visual display or otherwise indicates the source of the Content as originating from the Site supplying the Content. This indication may be through an unobtrusive text string and/or use of a logo with the name of the Site or some other unobtrusive but clear visual indication. You will include near to or as a part of any such internet use of the Content, a hyperlink to the location within the Sites that presents the Content. Some Content may be offered by the Sites under the terms of a copyright license accompanying that Content. In such cases, you may use this Content under the terms of its license, and you are responsible for such use. You agree to abide by the license, obligations, and restrictions of any Content that you access through the Sites. In some cases, the Sites automatically collect data and other material from third party sites and services. Segence may choose not to screen this collected data. You agree that you assume all risks of using such Content, including but not limited to risks arising from its source, ownership, accuracy, completeness, timeliness, suitability for intended purpose, or its reliability. You acknowledge that Segence does not endorse any Content, nor does Segence guarantee that any Content does not infringe the rights of any third party. Under no circumstances is Segence liable for any Content, including but not limited to liabilities from infringement, errors and omissions, or for any loss or damage of any kind from the use of Content posted to, downloaded or linked from, accessed by or otherwise made available from the Sites.

Prohibited Use

A. You agree not to use the Sites to: 1. Try to gain unauthorized access to any portion of the Sites, or any other systems or networks connected to it, or to any Segence server, or to any of the Content offered on or through the Sites by circumventing the Site's access control measures, either by hacking, password mining or any other means; 2. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Segence's systems or networks, or any systems or networks connected to the Sites or to Segence; 3. Post illegal material or use the Sites for illegal activity; 4. Post or use the Sites to distribute "junk mail", "spam", "chain letters", "pyramid schemes", "phishing", or other unsolicited advertising or promotion, or material without significant value to the community, designed to drive traffic, mask its source or deceive as to authorship, distribute viruses, Trojans, or other malware, or whose purpose is affiliate marketing; 5. Remove, circumvent, disable, damage, or otherwise interfere with features of the Sites that implement security or usage limitations, including those that are part of the Sites robots.txt, API limitations, or any other mechanisms; 6. Use any means to damage, deny the use of, or restrict others' use of the Sites; 7. Post deceptive or inaccurate material intended to affect the Sites' analyses and/or search algorithms, "game" reputation or scoring systems that are a part of the Sites, or engage in activity on other websites which are automatically accessed by the Sites as part of the Sites' normal operation, intended solely to affect the Sites' analyses; 8. Post libelous or defamatory material; Intimidate or harass others; 9. Engage in identity theft or infringe upon the privacy of others, including phishing, posting others' personally identifying information in your possession, or attempting to use another user's account; 10. Falsify your identity or misrepresent your affiliation with another person or entity; 11. Post or transmit any software exploits, computer viruses or trojans or software intended to interrupt, disrupt, damage, destroy, or limit the function or access to computer software, hardware, or telecommunications equipment or otherwise interfere with or disrupt other sites on the internet, or Post or transmit any material that is harmful, threatening, offensive, hateful, discriminatory, obscene, contrary to any applicable laws or regulations, or that incites an illegal act. Any of the above usage of the Sites or Content, any other violation of these Terms, or any other fraudulent or illegal activity may result in the immediate suspension or termination of your registered user account, and blocking of your access to the Sites without notice.

B. Without the express written consent from Segence, you may not and may not authorize another to party to: 1. frame or utilize framing techniques to enclose any portion or aspect of the Sites, Content, or the Information; 2. scrape, or actively or dynamically use information or data from the Sites; 3. Co-brand with the Sites; 4. Link content or information from the Sites to another website; 5. Use content or information from the Sites in a manner that could cause the impression to a third party that Segence has permitted such use; 6. Use Sites content or information or materials that may constitute or be confused as Segence designs, design elements, user interfaces, or copyright protectable works or elements, or; 7. disguise the origin of information transmitted through the Sites.

Registered Accounts

A. As a condition to using some features of the Sites, Segence may require you to register for an account, create a user profile, and select a user name and password. You agree to provide Segence with accurate and complete identity information including your e-mail address, and agree to update your identity information promptly if it changes. You agree not to impersonate another person, falsify your identity, use another user's account, or otherwise take action to gain access to Content to which you do not have the rights to access, or use the Sites in any way to which you do not have authorization.

B. You are solely responsible for all activity that takes place under the authorization of your account. You hereby release Segence from any and all liabilities arising from such activity. You are responsible for maintaining the security of your password. You agree to promptly inform Segence if you know or suspect that your account's password or security has been breached.

C. Segence expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the Terms. You may terminate your account and participation as a registered user at any time, without notice.

D. Segence respects your right to privacy. Segence will use any personally identifying information collected by the Sites in accordance with Segence's Privacy Policy located at [ www.segence.com/privacy-policy]. The servers on which certain personally identifiable information will be collected may be located in the United States or such other jurisdiction as Segence may determine.

Contributing Content

A. The Sites may offer you opportunities to contribute content ("Contribution(s)"). In order to make a Contribution to the Sites, you must have a registered account. The owner of any Contribution retains copyright rights to such Content. If you make a contribution you must have the right to contribute this Contribution under CC-BY, either through ownership of the copyright, because the Contribution is in the public domain, or through a license that grants you this right consistent with these Terms. If your Contribution is protected by copyright, then unless it is licensed under CC-BY or under a license which grants you the right to contribute it under CC-BY, you must not provide the Contribution to Segence. You warrant, represent, and assert that you have the right to provide the Contribution, that no Contribution violates or infringes the rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights, that the Contribution does not constitute confidential or trade secret information, and is not defamatory, libelous, or unlawful. You can otherwise license your own copyrighted Contribution any way you like, or not at all. But when you provide a Contribution to the Sites, you are explicitly granting Segence a license under CC-BY without regard to any other licenses you apply to your Contribution.

B. You understand and agree that the Sites and Content are a collective work or compilation under the copyright laws of the United States and other countries, and that the Sites and Content do not constitute a joint work under copyright law. You will not assert, or attempt to assert, any rights over the Sites and Content as a whole, through your Contributions.

C. You hereby designate Segence and its contributors as the sole "Attribution Party" under Section 4(b) of the CC-BY license to attribute your Contribution as part of the collective Content of the Sites. With this designation, you release Segence from the obligation to specifically attribute your Contributions to you.

D. You understand that the CC-BY license under which you provide a Contribution allows Segence and its licensors to use your Contribution for any purpose.

E. You agree that any source code Contribution to a project hosted on the Sites will be contributed under, and subject to the posted license of that project. You acknowledge that you are responsible for including all copyright notices and licenses for your Contributions. Should you fail to include these notices and licenses, you assume all risks of failing to do so, including the possible loss of your rights to your Contributions.

F. Segence may, but is not obligated to, review your Contributions. Segence may refuse to accept, or delete any Contribution that, in its sole discretion, Segence determines to violate these Terms, be illegal or objectionable, violate the rights or threaten the safety of others, deems not to fulfill the purpose of the Sites, or for any other reason. Segence may, in its sole discretion, terminate or suspend your registered account if your Contribution violates the Terms. Acceptance of a Contribution does not constitute an endorsement or sponsorship of the Contribution by Segence.

G. You hereby grant Segence a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under your intellectual property rights and under the terms of the CC-BY license, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use your Contributions in whole or part, and to incorporate them in other works in any form, media, or technology now known or later developed, for the purpose of providing the Sites, even in the event that you have subsequently deleted the Contribution. You agree that you alone are responsible for creating backup copies of your Contribution.

H. If you delete your Contribution, the CC-BY license under which you provided your Contribution will remain in full force. If you delete your Contributions, Segence does not warrant that it will be able to or will take responsibility for removing deleted Contributions from websites, including but not limited to those outside of its reasonable control, including e-mail archives, wikis, project web sites, community sites, or others' computers, including those to whom you or others may have forwarded your Contribution.

Disclaimer of Warranties & Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, Segence OFFERS THE SITES, INFORMATION, CONTENT AND SERVICES "AS-IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITES, INFORMATION, CONTENT AND SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Segence DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Segence's SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Segence DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE SITES, INFORMATION, CONTENT AND SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

VII. LIMITATION OF LIABILITY.

A. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL Segence, ITS EMPLOYEES, ATTORNEYS, MANAGERS, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS ("Segence PARTIES") BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES, INFORMATION, CONTENT AND SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE Segence PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. THE Segence PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY INFORMATION OR CONTENT ON THE SITES OR WITH THE SERVICES OR POSTED ON THE SITES (INCLUDING CLAIMS OF COPYRIGHT, PATENT, TRADEMARK, TRADESECRET INFRINGEMENT, OR THE INFRINGEMENT OF OTHER PROPERTY RIGHTS, RELATING TO CONTENT POSTED ON THE SITES OR PROVIDED WITH SERVICES, FOR YOUR USE OF THE SITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITES, IN CONNECTION WITH THE SITES OR SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES.

C. Segence is not a law firm and does not provide legal advice. Using the Sites or Services, including sending us an e-mail asking for legal services or otherwise, does not create an attorney-client relationship. In particular but without limitation, any use of any of Segence's Sites, Services, Content, Information, including without limitation, any tools, summaries, or licenses and/or using any licenses, attribution generator results, license comparisons, or any other information or materials, does not constitute legal advice nor does it create an attorney-client relationship. You are advised to consult with your own legal counsel before using any of the above.

D. You agree that Segence will have absolutely no liability in connection with the Sites and Content including without limitation, any liability for damage to your computer hardware, data, information or business resulting from the Content available on the Sites. Without limiting the generality of the foregoing, Segence will have no liability for: 1. Any loss or injury caused, in whole or in part, by its actions, omissions or negligence, including but not limited to procuring, compiling or delivering the Sites or Content; 2. Any errors, omissions or inaccuracies in the Content offered by the Sites regardless of how caused or delays or interruptions in delivery of such Content; or 3. Any decision made or action taken or not taken in reliance upon the Content or other information or materials offered by the Sites.

E. Segence makes no warranty, representation or guarantee as to the sequence, accuracy, timeliness or completeness of the Content or that the Content may be relied upon for any reason. Segence makes no warranty, representation or guarantee that the Content will be uninterrupted or error free or that any defects can be corrected.

F. Segence reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason.

VIII. Indemnity

You agree to defend, indemnify and hold harmless the Segence Parties from and against any and all liabilities including, but not limited to losses, expenses, damages, costs, and reasonable attorneys' fees, resulting from, or in connection with, whether directly or indirectly, your use of the Sites, Services, Content, Information, or violation of these Terms. You also agree to defend, indemnify and hold harmless the Segence Parties from and against any and all claims brought by third parties arising out of your use of any of the Sites and any Contribution you make available via any of the Sites by any means, including without limitation through a posting, a link, or otherwise. Segence Parties may participate in the defense and settlement at its own expense with counsel of its own choosing. You shall not settle any claim or action without the Segence Parties prior written consent.