imabi Terms of Use
1. About these terms
1.1 Please read these terms and conditions carefully before you start to use this platform. You may access and use this platform if you agree to be legally bound by these terms and conditions set out here. If you do not agree to be legally bound by these terms and conditions, please do not access and/or use this platform.1.2 References in these terms and conditions to “imabi”, “we”, “our” and “us” are references to imabi. The entire contents of this platform, and the individual articles, items, media files and assets published are owned by imabi, unless otherwise indicated.1.3 This platform is intended for use only by people who live in the United Kingdom. By continuing to access, view or make use of this platform and any related content and services, you hereby warrant and represent to us that you are located in the United Kingdom. If you are not located in the United Kingdom, you must immediately discontinue use of this platform and any related content and services.1.4 If you have any queries in respect of your use of this platform please contact us at: info@imabi.com or at:imabi LtdSovereign House,155 High Street,Aldershot,Hampshire,England.GU11 1TT.1.5 We may make changes to these terms and conditions, the terms and conditions applicable to any specific sub-platform, the privacy and cookies policy and any other policies applicable to your use of this platform, at any time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time. Your continuing use of this platform constitutes your acceptance of and agreement to any such changed terms and conditions and policies.1.6 We do not guarantee that this 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 our platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.1.7 You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.1.8 We may terminate your access to any part of this platform at any time without notice if you breach any of these terms and conditions.1.9 These terms of use include the following additional terms, which apply to your use of our platform:Our Privacy Policy https://www.imabi.com/privacyOur Cookie Policy https://www.imabi.com/cookies-policy, which sets out information about the cookies on our platform.You must read these policies before you use this platform as they are important and their content forms part of the legally binding terms and conditions for your access and use.
2. Accessibility and browsers
2.1 imabi aims to make this platform and the material provided accessible to as many people as possible. While this platform is designed to work with the majority of browsers in use, we cannot confirm that this platform will work in any particular browser or configuration. Please note that you may see inconsistencies in the presentation of pages if you are using an older version of a browser.
3. Information about you and your visits to this platform
3.1 It is very important for you to understand that imabi processes information about you in accordance with our Privacy Policy https://www.imabi.com/privacy and our Cookies Policy https://www.imabi.com/cookies-policy You should carefully review the privacy and cookies policy before you accept these terms of access and use. We may ask for your consent to certain uses of your information and for you to confirm you have read the privacy and cookies policies as well.
4. Registering to use this platform
4.1 In order to access certain content, systems or interactive features on this platform you may be asked to choose, or be provided with, a password or other log in details to access parts of this platform. As a minimum, passwords you set for use with this platform must have a level of complexity which ensures they cannot be easily guessed by hackers or malicious software. Passwords must not under any circumstances be shared with anyone.4.2 We reserve and have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.4.3 If you know, or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@imabi.com.4.4 You may terminate your account registration using the relevant link in your account pages. This will clear any personal information you have saved. Subscriptions to our emails can be terminated using the ‘Unsubscribe’ links provided in the emails.
5. Prohibited uses of this platform
5.1 You may use this platform only for lawful purposes. You may not use this platform:
in a way that is contrary to the Acceptable Use Policy;
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful, fraudulent or harmful to other users, or has any unlawful, fraudulent or harmful purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms and conditions;
to transmit, or produce the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2 You also agree not to access without authority, interfere with, damage or disrupt any part of this platform; any equipment or network on which this platform is stored; any software used in the provision of this platform; or any equipment or network or software owned or used by any third party.5.3 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our platform or any services provided via, or in relation to, our platform. This includes using (or permitting, authorising or attempting the use of):
any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the platform or any data, content, information or services accessed via the same; and
any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
5.4 The provisions in this clause 5 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
6. Material on this platform
6.1 The material on this platform includes information, data, text, images, videos, interactive services, links to products and apps and other works (“imabi content”). You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, in this platform and all imabi content are owned by, or licensed to, imabi, unless otherwise indicated. Some imabi content includes identifiable third-party content for which we will have sought permission for its inclusion.6.2 Except for your use of this platform in accordance with these terms and conditions, you are granted no rights in respect of this platform or any imabi content.6.3 The content on our platform is provided for general information only. It provides accurate and up to date information designed to support you to take decisions relevant to your wellbeing and safety. The conclusions you may draw and the decisions you may take are yours and your responsibility. The content is not intended to amount to direct professional advice on which you should rely.6.4 Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date.6.5 This platform may include information and materials uploaded by other users of the platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our platform do not represent our views or values.
7. imabi content
7.1 We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.7.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.7.3 Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged (except where the content is user-generated).7.4 If you print off, copy, download, share or repost any part of our platform in breach of these terms of use, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.7.5 You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us or our licensors and you may not use the following without our prior written consent:
any logos, visuals, image rights, trademarks, trade names and design styles (except where these are integral to a document or data set) of imabi or any partner or contributor;
software, source code and any technical documentation relating to software or source code except where released on a public repository on GitHub, or any other platform we may specify from time-to-time;
information owned by third parties which we are not authorised to license on to you. This information will be clearly marked. If in doubt, contact us using the details above;
information gained through any services or sections on this platform (or linked platforms) which can only be accessed by logged-in users; and
any information which is marked as being under a different licence, or not for release.
7.6 By using any imabi content you accept and agree to the following terms:
you must not alter, adapt, edit or modify any imabi branding where this is integral to a document or data set;
if you do alter, adapt, edit or modify any imabi content in accordance with these terms and conditions, where possible, you should remove the imabi branding;
you may not directly or indirectly suggest any endorsement or approval by imabi of your platform or any non-imabi entity, product or content or any views expressed within your platform or service;
imabi has absolute editorial control over all imabi content and reserves the right to alter, adapt, edit, modify or restrict the availability of imabi content without prior notice; and
you should refresh cached content every 24 hours to ensure you have the most up-to-date version.
8. Uploading material to this platform
8.1 Whenever you make use of a feature that allows you to upload material to this platform, for example when you participate in online discussions, contact other users of this platform or submit any apps or products, you must comply with the standards set out in the comments and moderation policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.8.2 Any material you upload to this platform will be considered non-confidential and non-proprietary, and imabi has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Furthermore, imabi also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to this platform constitutes a violation of their intellectual property rights, or their right to privacy.8.3 imabi will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this platform.8.4 imabi has the right to remove any material or posting you make on this platform if, in our opinion, such material does not comply with the standards set out in these terms and conditions and the comments and moderation policy.8.5 Comments posted should relate to your personal experience or that of someone close to you. You should not name any individuals (other than yourself) or include information through which someone else could identify an individual about whom you are writing. If you want to comment on someone else’s experience, then you may do so if you ensure that you are not named in the posting and you state how the other person is connected to you. You warrant that all statements of fact in any comment you submit are true, and that any expression of opinion is your honestly held opinion on those facts, or that of the person on whose behalf you are writing.8.6 If you find any comments offensive or objectionable you may make a complaint to the moderator using the ‘Report’ link provided at the foot of each published comment.8.7 When you upload or post content to our platform, you grant:(a) us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the platform and across different media including to promote the platform or the service; and(b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes.
9. Social media, bookmarking, and digital engagement
9.1 imabi may from time to time provide third party or owned social media and interactive services on this platform or linked to this platform, such as:
YouTube – for sharing video content
Twitter – for sharing news and participating in conversations with users;
Blogs – to share the opinions of imabi’s staff and others;
Discussion Forums – for participation in conversations with users; and
Social bookmarking – to allow users to share our content more easily on popular social media platforms.
9.2 imabi is under no obligation to oversee, monitor or moderate any interactive services we provide from this platform, and we expressly exclude our liability for any loss or damage arising from the use of these interactive services by a user in contravention of these terms and conditions, whether the service is moderated or not.9.4 Use of our social bookmarking links is subject to these terms and conditions, see ‘Linking from this platform’ below.9.5 Although we do monitor and review discussions, chat, postings, transmissions, bulletin boards and the like on this platform and its subsections, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on this platform.9.6 The use of any of the interactive features on this platform by a minor is subject to the consent of their parent or guardian, and we advise parents to communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate any of the interactive features on this platform, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
10. Linking to this platform
10.1 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.10.2 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.10.3 You must not establish a link to our platform in any platform that is not owned by you.10.4 Our platform must not be framed on any other platform, nor may you create a link to any part of our platform other than the home page.10.5 We reserve the right to withdraw linking permission without notice.10.6 The platform in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy at Appendix 1.10.7 If you wish to link to or make any use of content on our platform other than that set out above, please contact info@imabi.com.
11. Linking from this platform
11.1 We are not responsible for the content or reliability of the platforms we link to and do not necessarily endorse the views expressed within them. We aim to replace broken links to other platforms but cannot guarantee that these links will always work as we have no control over the availability of other platforms.11.2 Due to the very nature of the internet we cannot guarantee this platform or other platforms we link to will always be available to you.
12. Disclaimer and liabilities
12.1 This platform, all imabi content and all material, information, products and services (or to third-party information, products and services), is provided ‘as is’, without any endorsement and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. This means that whilst we do try to ensure that all our information is correct, we are not liable for any errors or omissions, and cannot be responsible for any impact these may have on you.12.2 If the need arises, we reserve the right to amend, delete, suspend or withdraw all or any part of this platform without notice. imabi will not be liable if for any reason this platform or any parts are unavailable at any time.12.3 We do not warrant that the functions of this platform will be uninterrupted or error free, that defects will be corrected, or that this platform or the server that makes it available will be free of viruses or represent the full functionality, accuracy or reliability of the materials. You should use your own virus protection software.12.4 imabi is not the owner, manager or supplier of various products which can be accessed from this platform. imabi is not responsible or liable for any advice, or any other information, services or products that you obtain using any such products.12.5 Material on this platform is provided for information purposes only and we do not guarantee that information we provide will meet your specific requirements.12.6 In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of data or profits arising out of or in connection with the use of this platform. Nothing in these terms and conditions will operate to limit or exclude liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
13. General
13.1 We do not guarantee that our platform will be secure or free from bugs or viruses.13.2 You are responsible for configuring your information technology, computer programmes and platform to access our platform. You should use your own virus protection software.13.3 You must not misuse our 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 our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our 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 our platform will cease immediately.13.4 If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable then the remaining terms and conditions shall remain in full force and effect.13.5 The laws of England shall apply exclusively to these terms and conditions and to all matters relating to use of this platform. Any cause of action arising under these terms and conditions or the use of this platform shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Apendix 1
Acceptable use policy
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE PLATFORM
What's in these terms?
This acceptable use policy sets out the content standards that apply when you upload content to our platform, make contact with other users on our platform, link to our platform, or interact with our platform in any other way.
Who we are and how to contact us
imabi.com is a site operated by Imabi Ltd ("We"). We are a company registered in England and Wales and have our registered office at Zenza, Thibet Road, Sandhurst, Berkshire, GU47 9AE. We are registered as a data controller with the Information Commissioners Office reg number ZB028232.
By using our platform you accept these terms
By using our platform, you confirm that you accept the terms of this policy and that you agree to comply with them.If you do not agree to these terms, you must not use our platform.We recommend that you print a copy of these terms for future reference.There are other terms that may apply to you.Our Terms of platform use are made available above and also apply to your use of our site.We may make changes to the terms of this policyWe amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time.
Prohibited uses
You may not use our platform:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To upload terrorist content.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our platform in contravention of the provisions of our terms of platform use which are made available above.
Not to access without authority, interfere with, damage or disrupt:
-- any part of our platform;-- any equipment or network on which our platform is stored;-- any software used in the provision of our platform; or-- any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our platform, including, without limitation:
Video-sharing facilities.
Chat rooms.
Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.We do not store terrorist content.
Content standards
These content standards apply to any and all material which you contribute to our platform (Contribution), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in its discretion, whether a Contribution breaches the Content Standards.A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Imabi Ltd, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
For the avoidance of doubt, for any Contribution in the form of video content:
You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
You must not upload a video containing harmful material.
You must not upload a video containing advertising for any of the following:
-- cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or-- for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
-- prejudice respect for human dignity;-- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;-- encourage behaviour prejudicial to health or safety;-- encourage behaviour grossly prejudicial to the protection of the environment;-- cause physical, mental or moral detriment to persons under the age of 18;-- directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;-- directly encourage such persons to persuade their parents or others to purchase or rent goods or services;-- exploit the trust of such persons in parents, teachers or others; or-- unreasonably show such persons in dangerous situations.
You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.Failure to comply with this acceptable use policy constitutes a material breach of the terms of use as made available above, subject to which you are permitted to use our platform, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our platform.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our platform.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.