Content on the Site
(a) We make the Site available on an ‘as is’ basis and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement.
(b) We may update and change our Site from time to time to reflect changes to our Services, the Keystone Products, our users' needs, and our business priorities.
(c) The Site Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the Site Content.
(d) Although we make reasonable efforts to update the Site Content, we make no representations, warranties or guarantees (whether express or implied) that the Site Content is accurate, complete or up to date or that any errors in the Services will be corrected.
(e) The Site may include both User Content and content created by Keystone and/or Teachers. You accept that this content may not have been verified or approved by us, that we make no representations, warranties or guarantees (whether express or implied) that such content is accurate, complete or up to date, and that the views expressed by other users and Teachers on our Site do not represent our views or values.
(f) From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending software tools and features in our sole discretion. This means the tools and features available on the Site may vary slightly from those marketed via our Site landing pages and Communication Channels. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to these T&Cs and the continued use of the Services after any such changes shall constitute your consent to such changes.
Accessing the Site
(a) You are responsible for configuring your information technology, computer programmes and platform to access our Site.
(b) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons, as may the third party software providers on which we rely from time to time to keep our Site operational.
(c) Although you can use parts of the Site as a guest, you are required to register for a Customer account in order to purchase a subscription to access Keystone Products, in which case you will have to provide certain information about yourself as prompted during the account registration process. This information may include (but is not limited to) name and contact details.
(d) If you do create an account, all the registration information you submit should be truthful and accurate. If for any reason any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
(e) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of account creation processes (e.g. when creating a Keystone account) or our security procedures, you must treat such information as confidential and not disclose it to any third party.
(f) We 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 T&Cs.
(g) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
(h) You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our Site. If you suspect or become aware of any such unauthorised use of our Site (including your account, if applicable) or any other breach of its security, you shall immediately notify us of any details reasonably required in connection with such unauthorised access.
(i) Without prejudice to clauses 5.4 and 5.4, you can delete your account at any time, for any reason, by emailing us at firstname.lastname@example.org.
(j) You are responsible for ensuring that all persons who access our Site using your User account are aware of these T&Cs and other applicable terms, and that they comply with them. Your log-in details may only be used by you; any other individual or business must only access the Services behind a member paywall using their own distinct log-in details.
Uploading or posting content to our Site
(a) Whilst we make reasonable efforts to monitor any User Content, we accept no liability for any User Content, and no User Content posted reflects the views or opinions held by us.
(b) If you participate in User chat forums or otherwise post content to the Site, you are obliged to ensure all such User Content must comply with these T&Cs.
(c) User Content must comply with all applicable laws in England and Wales and in any other country from which such User Content can be viewed and not be in contempt of court.
(d) User Content must not:
(i) be defamatory of any person; be obscene, offensive, hateful or inflammatory; be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; promote violence or any illegal content or activity; or bully, insult, intimidate, humiliate, harass, upset, embarrass, alarm or annoy any other person;
(ii) include pornographic, indecent, obscene, or child sexual abuse material;
(iii) promote discrimination of any kind, including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(iv) infringe any Intellectual Property Rights;
(v) be likely to deceive any person, or give the impression that your contribution emanates from us if this is not the case;
(vi) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(vii) impersonate any person or organisation or misrepresent your identity or affiliation with any person or organisation;
(viii) 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, or 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, made are likely to understand such statement as constituting a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
(ix) contain any advertising or promote any products, services, websites or resources provided by you or third parties.
(e) You agree to not use the Site to generate unsolicited advertisements or spam, or to use any automatic or manual process to search or harvest information from the Site.
(f) If you post User Content, you warrant that any User Content complies with the standards set out in these T&Cs and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(g) We have the right to immediately remove (temporarily or permanently) any posting you make on (or messages you send through) the Site, including but not limited to reviews, testimonials, and contributions to online discussions, forums and webinars if, in our sole discretion, we believe your posts or messages do not comply with the standards set out in these T&Cs.
(h) Any content you upload or post to our Site (including User Content) will be considered non-confidential. Unless otherwise agreed, you retain all of your ownership rights in such content, but in any event you are required to grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, store and copy that content and to distribute and make it available to third parties.
(i) You accept that we reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or Communication Channels constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
(j) You agree not to distribute or make available any User Content uploaded or made available by us or other users of the Site.
(k) You are solely responsible for securing and backing up your content.
Viruses and bots
(a) We do not guarantee that our Site will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. Accordingly, you agree not to hold us accountable for such bugs or viruses.
(b) You must not misuse our Site by knowingly introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the servers on which our Site are stored or any server, computer or database connected to our Site. You must not attack our Site 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 Services will cease immediately.
(c) You must not use bots or other automated methods to register accounts on the Site.